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 Rhode Island, the claims of alienation of affection and criminal conversation are not recognized by the courts. These types of lawsuits, which historically allowed a spouse to sue a third party for interfering with the marital relationship, have been abolished in Rhode Island. Therefore, an individual in Rhode Island 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 property in a divorce, Rhode Island is an equitable distribution state. This means that the court will divide marital property in a way that is fair, but not necessarily equal, and may consider the conduct of the parties, including adultery, when making the division. It is important to consult with an attorney for personalized legal advice and to understand how these principles may apply to an individual case.