‘Homewrecker’ lawsuits are legal in North Carolina. Here’s how it works

A cheating spouse is a worst nightmare for many; in North Carolina, however, legal repercussions for the cheater and their paramour could ease the sting for certain jilted spouses.

“Homewrecker laws” are uncommon in the U.S. in 2026. In fact, only a handful of states still allow spouses to pursue legal action against a cheating spouse’s affair partner. Alienation of affection lawsuits are controversial, but so far, it is still an option to file in North Carolina.

In 2025, ABC reported on one such case in which N.C.-based TikTok star Brenay Kennard was ordered to pay her affair partner’s wife, Akira Montague, $1.75M. In a 14-page complaint, Kennard was accused of “verbally flirting” and having a sexual affair with Montague’s husband.

Here’s everything to know about “homewrecker” lawsuits in North Carolina.

What is a “homewrecker law”? Can you sue a “homewrecker”?

Alienation of affection is a type of civil lawsuit often referred to as a “homewrecker” lawsuit. North Carolina law firm Cape Fear Family Law explains that alienation of affection lawsuits allow an individual to sue a “homewrecker” for intentionally destroying a marriage with infidelity.

Is there a homewrecker law in NC? What is the homewrecker law in NC?

Cape Fear Family Law explains that, in order to win an alienation of affection claim in N.C., three elements must be proven:

• Genuine love and affection was shared between the spouses before the third party interfered
• Said love and affection was destroyed
• The defendant’s “wrongful and malicious acts” were the active cause of the destruction

Can you sue your spouse for adultery in NC?

Woodruff Family Law Group adds that, on top of action against a spouse’s paramour, it is also possible to pursue legal action against the cheating spouse themself in North Carolina.

Torts, considered a type of personal injury for legal purposes, are wrongful acts that cause harm to someone. N.C. General Statutes state that spouses can recover damages from each other for tortious acts by filing a lawsuit against their spouse for the intentional infliction of emotional distress.

The law group cited the Clark v. Clark case, in which a jury found a cheating husband liable for alienation of affection and intentional infliction of emotional distress, awarding the wife $1.2 million in damages.

Which states have homewrecker laws?

N.C. is one of only a few states remaining that allow “homewrecker lawsuits.” According to law firm Smith Debnam, the full list of states as of 2025 included:

• Hawaii
• Illinois
• Mississippi
• New Mexico
• South Dakota
• Utah
• North Carolina

Iris Seaton is the trending news reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach her at [email protected].

This article originally appeared on Asheville Citizen Times: ‘Homewrecker’ lawsuits are legal in North Carolina. Here’s how it works

Reporting by Iris Seaton, Asheville Citizen Times / Asheville Citizen Times