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 Georgia, claims for alienation of affection are not recognized. Georgia law does not provide a cause of action against a third party for alienation of affection or criminal conversation. This means that a spouse cannot sue another person for the breakdown of the marital relationship due to an affair or adultery. While some states may allow for an unequal division of the marital estate based on fault in the dissolution of the marriage, Georgia typically follows the principle of equitable distribution, which considers various factors but does not specifically punish a spouse for infidelity in the division of assets. It's important to note that while adultery can be considered when determining alimony, it does not give rise to a separate civil claim against the third party involved in the affair.