Affairs and Alienation of Affection

[poser123]

I had an affair with my husband's business partner. The business partner is out of the business. His marriage is breaking up, my marriage is not. What happens if she wants to sue me for Alienation of Affection, can my husband counter sue her soon to be ex for the same thing although our mariage did not fail as a result of the affair. All parties involved live in NC.

[aaron]

The elements of alienation of affections are: (1) a marriage; (2) a genuine love and affection existed between the spouses; (3) the love and affection existing between the spouses was alienated and destroyed; and (4) the wrongful and malicious acts of the defendant caused the loss and alienation of such love and affection. Litchfield v. Cox, 266 N.C. 622, 623, 146 S.E.2d 641 (1966).

If the marriage remains intact, I don't see how you would prove the third and fourth elements.