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 Utah, alienation of affection is a legal claim that is still recognized by the courts. This cause of action allows a spouse to sue a third party who they believe is responsible for the failure of their marriage due to having engaged in an affair with their spouse. The claim is based on the premise that the third party's actions resulted in the loss of love and affection between the married couple. While many states have abolished this type of lawsuit, Utah is one of the few states where it remains a viable legal option. Additionally, in cases of divorce, Utah courts may consider adultery as a factor when deciding on the division of marital property. If it is determined that adultery played a role in the dissolution of the marriage, the court may award an unequal division of the marital estate in favor of the non-adulterous spouse.