Recently there has been quite a bit of media exposure over alienation of affection claims arising out of a North Carolina Court. Under the case in North Carolina, the mistress who was allegedly responsible for breaking up a 30 year marriage was sued by her lover’s ex-wife and awarded $9M in damages! North Carolina is one of seven states to recognize alienation of affection claims, in which spouses can sue third parties that they allege interfered in their marriages. Texas, however, does not recognize alienation of affection claims in divorce cases.
Although Texas doesn’t recognize alienation of affection claims, fault in the break up of the marriage can play a role in dividing the community estate. For example, adultery is commonly a factor judges consider when making the just and right division of the community estate.
For a more in depth look at the facts behind the $9M award, click here.