North Carolina has inherited many English common laws which include heart balm tort claims. Even though many states have repealed this particular law, North Carolina courts have time and again upheld this common law.
How do heart balm torts work?
Heart balm torts gives an injured spouse an opportunity to seek financial compensation from an “interferer” or third party accused of destroying or damaging their marriage. To make a claim, the interference must occur prior to the couple’s legal separation. Usually, plaintiffs pursue two types of heart balm torts concurrently in North Carolina family courts:
- Alienation of affection: Occurs when an interferer, through intentional and wrongful conduct, alienates one spouse from the other.
- Criminal conversation: Occurs when an interferer engages in sexual intercourse with one of the partners during the course of marriage.
While alienation of affection focuses on the loss of marital love and harmony, criminal conversation centers specifically on the act of marital infidelity itself.
How active are heart balm torts?
Lawmakers and legal scholars have debated the relevance of Heart balm torts for a long time. Nevertheless, North Carolina courts continue to honor it by following the precedent set by previous rulings. As recently as 2025, a North Carolina court ordered an influencer to pay $1.75 million in compensation for an injured wife. This shows that heart balm torts are alive and kicking.
Facing a heart balm tort?
If you are facing a heart balm tort, it can be tricky and a difficult case to defend. You may need to work in cooperation with an attorney who is experienced in North Carolina family law to assess your situation and build valid legal defenses. They can help you prove you had no malicious intent to harm the marriage or that you were never aware that the person was married.
