Alienation of Affection State Laws

Divorce Laws Listed by State

CHINESE MAN & WIFE ARGUING IN FRONT OF CHILD
Larry Dale Gordon/The Image Bank/Getty Images

Only a few states in the United States still allow alienation of affection lawsuits. These states include Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota and Utah. Below you will find a list of these divorce laws by state and in alphabetical order.

A - L

  • Alabama: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Alaska: Neither state law nor case law addresses the issue of alienation of affection in Alaska.
  • Arizona: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Arkansas: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • California: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Colorado: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Connecticut: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Delaware: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • District of Columbia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Florida: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Georgia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Hawaii: Yes, alienation of affection lawsuits can still be brought.
  • Idaho: No, alienation of affection lawsuits were abolished through judicial decision.
  • Illinois: Yes, alienation of affection lawsuits can still be brought.
  • Indiana: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Iowa: No, alienation of affection lawsuits were abolished through judicial decision.
  • Kansas: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Kentucky: No, alienation of affection lawsuits were abolished through judicial decision.
  • Louisiana: In 1927, in the case of Moulin v. Monteleone, 165 La. 169, 115 So. 447, actions for alienation of affection were abolished.

M - Q

  • Maine: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Maryland: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Massachusetts: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Michigan: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Minnesota: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Mississippi: Yes, alienation of affection lawsuits can still be brought.
  • Missouri: No, on June 17, 2003, Missouri’s highest court abolished the state’s alienation of affection law.
  • Montana: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.​
  • Nebraska: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Nevada: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • New Hampshire: No. According to Title XLIII, Chapter 460:2, "No damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse."
  • New Jersey: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • New Mexico: Yes, alienation of affection lawsuits can still be brought.
  • New York: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • North Carolina: Yes, alienation of affection lawsuits can still be brought. Note: As of 10/01/2009, if the extramarital affair started after a married couple is separated, the alienation of affection law cannot be used. NCGA.state.nc.us -- HB 1110
  • North Dakota: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Ohio: No, in 1985, alienation of affection suits were abolished by General Laws c. 207, Sect. 47B, inserted by St. 1985, c. 74 Sect. 1.
  • Oklahoma: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Oregon: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Pennsylvania: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.

R - Z

  • Rhode Island: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • South Carolina: No, alienation of affection lawsuits were abolished through judicial decision.
  • South Dakota: Yes, alienation of affection lawsuits can still be brought.
  • Tennessee: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Texas: No, in 1997, Family Code, Chapter 1.107 was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Utah: Yes, alienation of affection lawsuits can still be brought.
  • Vermont: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Virginia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Washington: No, alienation of affection lawsuits were abolished through judicial decision.
  • West Virginia: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Wisconsin: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.
  • Wyoming: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit.