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‘Alienation of affection’ law used to sue wife's lover

A man who sued his wife’s lover has won damages of €822,000 for the failure of his marriage.

Kevin Howard was divorced by his wife after twelve years of marriage. He later discovered his wife had been having an affair with his co-worker. A judge in a North Carolina court agreed that the other man was to blame for the marriage breakdown and awarded him damages.

“She had originally told me that she wanted a divorce because I work too much, wasn't around to be there," Howard told local media. A private eye uncovered the affair and he initiated legal action under an “alienation of affection” law dating from the 1800s.

'Wrongful acts'

The law, which is still in effect in only five other US states – Hawaii, Mississippi, New Mexico, South Dakota and Utah – can be used where one party believes a marriage break-up is due to "wrongful or malicious acts”.

"I filed the case because I feel that it's very important that people understand that the sanctity of marriage is important, especially in this day and age when people question everyone's morals, people questions everyone's liability," Howard told local media.

His lawyer, Cindy Mills, has taken several such cases. In 2010, one of her clients was awarded $5.9m in a similar situation. That same year, a North Carolina court awarded $9m to a woman who accused her husband's lover of breaking up their 33-year marriage.

According to a local law firm, more than 200 suits based on "alienation of affection" are filed every year in North Carolina.