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 Virginia, claims for alienation of affection are not recognized by the courts. Virginia law does not provide a cause of action against a third party for alienation of affection or criminal conversation (adultery). This means that a spouse cannot sue another person for the purpose of claiming damages for the loss of affection in their marriage due to an affair. However, adultery can still be considered when determining the division of the marital estate during a divorce. Virginia is a state that allows for divorce on fault-based grounds, and adultery is one of the fault grounds recognized. If adultery is proven, it may affect the division of assets and spousal support, potentially leading to an unequal distribution in favor of the non-adulterous spouse. It's important to note that the specifics of how adultery impacts divorce proceedings can be complex, and consulting with an attorney for personalized legal advice is recommended.