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 North Dakota, alienation of affection claims are not recognized by the courts. This means that a spouse in North Dakota cannot sue a third party for allegedly causing the loss of love and affection in their marriage due to an affair with their spouse. While such claims are still recognized in a few states, North Dakota is not one of them. However, when it comes to the division of marital property in a divorce, North Dakota courts may consider marital fault, including adultery, when equitably distributing assets. This means that while a direct legal claim against a third party for alienation of affection is not available, the actions leading to the breakdown of the marriage, such as adultery, could potentially influence the financial outcomes in a divorce proceeding.