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 the state of Florida, claims for alienation of affection and criminal conversation are not recognized. Florida, like the majority of states, has abolished these causes of action, which historically allowed a spouse to sue a third party for willfully interfering with the marital relationship, often in cases of adultery. Consequently, an individual in Florida cannot legally pursue a case against a person their spouse had an affair with on the grounds of alienation of affection or criminal conversation. However, when it comes to the division of marital assets during a divorce, Florida is an equitable distribution state, which means that while the court starts with the premise of an equal split of assets, it may consider various factors, including marital misconduct, to decide on an unequal distribution. It's important to note that the specifics of how fault impacts the division of assets can be complex and may require consultation with an attorney.