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 Nevada, claims for alienation of affection are not recognized by the courts. Nevada, like the majority of states, has abolished this cause of action, which historically allowed a spouse to sue a third party for willfully interfering with the marital relationship, typically in cases of adultery. However, when it comes to the division of the marital estate upon divorce, Nevada is a community property state, which means that all property acquired during the marriage is generally divided equally. While Nevada courts do not typically consider marital fault when dividing property, there can be exceptions where financial misconduct related to the affair, such as the dissipation of marital assets, may be relevant. It is important to consult with an attorney for specific legal advice and to understand how these general principles may apply to an individual case.