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 Iowa, claims for alienation of affection and criminal conversation are not recognized. Iowa courts do not allow these types of lawsuits, which historically allowed a spouse to sue a third party for interfering with the marital relationship, typically in cases of adultery. While these claims are still recognized in a few states, Iowa is not one of them. However, when it comes to the division of marital property in divorce proceedings, Iowa is an equitable distribution state. This means that the court will divide marital property in a way that is fair and equitable, but not necessarily equal. Although alienation of affection is not a factor, the court may consider the circumstances of the breakup, including adultery, when deciding on the division of assets and debts. It's important to consult with an attorney for advice specific to individual circumstances, especially regarding the impact of marital misconduct on divorce settlements.