Alienation of affection and criminal conversation are potential legal claims or causes of action against a person who committed adultery with your spouse—the paramour or lover with whom your spouse had an affair. These claims are based on the idea that the person with whom your spouse cheated destroyed or alienated the love and affection in your marriage.
Alienation of affection claims are no longer recognized by courts in most states—but Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah do recognize such claims. And in some states that do or do not not recognize such claims, the cheated-on spouse may seek an unequal division of the marital estate based on fault in the breakup of the marriage.
The details of alienation of affection laws (sometimes called heart-balm laws) vary from state to state among the states that do recognize such claims.
In Connecticut, claims for alienation of affection are not recognized by the courts. This means that an individual in Connecticut cannot legally sue another person for allegedly causing the loss of love and affection in their marriage due to an affair with their spouse. This type of claim, along with criminal conversation, falls under the category of 'heart-balm' actions, which have been abolished in many states, including Connecticut. While some states may allow for an unequal division of the marital estate based on fault in the dissolution of the marriage, Connecticut courts typically divide marital property based on principles of equitable distribution without consideration of marital fault. Therefore, in Connecticut, adultery may not be directly used as a factor to alter the division of marital assets.