News & Commentary

Sinema Alienation of Affection Lawsuit: $75K Claim Tests NC Tort Law

Former Senator Kyrsten Sinema fights $75,000 alienation of affection lawsuit in NC federal court. Only 6 states recognize this tort in 2026.

By Antonio G. Jimenez, Esq.North Carolina7 min read

Former Senator Kyrsten Sinema Admits Affair, Challenges North Carolina's Jurisdiction Over $75,000 Alienation of Affection Claim

Former Arizona Senator Kyrsten Sinema has acknowledged a romantic relationship with her Senate bodyguard Matthew Ammel while fighting a $75,000 alienation of affection lawsuit filed by his ex-wife in North Carolina federal court. The case spotlights North Carolina's status as one of only six states still recognizing this controversial tort, which allows a spouse to sue a third party for destroying their marriage. Sinema's defense hinges on jurisdiction, arguing the affair occurred in Arizona, Washington D.C., and other locations but never in North Carolina.

Key FactsDetails
What happenedLauren Ammel filed alienation of affection suit against Sinema for alleged affair with her husband
When filed2025 (case ongoing as of March 2026)
WhereU.S. District Court, Eastern District of North Carolina
Damages sought$75,000
Sinema's defenseAffair occurred outside North Carolina; court lacks jurisdiction
States recognizing tort6 (NC, Hawaii, Mississippi, New Mexico, South Dakota, Utah)

North Carolina Remains a National Outlier on Alienation of Affection

North Carolina is the most active state for alienation of affection lawsuits in the United States, with courts awarding damages in these cases regularly through 2025. Under N.C. Gen. Stat. § 52-13, the state explicitly preserved these common law claims when other states abolished them. The tort requires proving three elements: a marriage with genuine love and affection, that this love was alienated and destroyed, and that the defendant's wrongful conduct caused the destruction.

The legal theory dates back centuries to when wives were considered property, but North Carolina courts have modernized the application. In 2010, a Guilford County jury awarded $9 million in an alienation of affection case, one of the largest verdicts in state history. More recently, a 2019 Wake County case resulted in a $750,000 award. These substantial verdicts explain why plaintiffs from across the country attempt to bring their claims in North Carolina courts.

The statute of limitations for alienation of affection claims in North Carolina is three years from the date of the last act of alienation under N.C. Gen. Stat. § 1-52(5). This timing element becomes critical in cases involving ongoing affairs across multiple jurisdictions.

Sinema's Jurisdictional Defense Tests Forum Shopping Limits

Sinema's legal team has mounted a jurisdictional challenge arguing that North Carolina courts lack authority over conduct that allegedly occurred entirely outside the state. This defense attacks what critics call forum shopping, where plaintiffs file alienation of affection suits in North Carolina specifically because their home states have abolished the tort.

For North Carolina to exercise personal jurisdiction over an out-of-state defendant, the plaintiff must establish sufficient minimum contacts with the state. The defendant must have purposefully availed themselves of the privilege of conducting activities in North Carolina, making it reasonably foreseeable they could be sued there.

According to court filings, Sinema argues the relationship with Ammel developed in Washington D.C. during her Senate service, continued in Arizona where both resided at various times, and involved travel to other states, but never included North Carolina. If true, this would undermine the plaintiff's ability to establish jurisdiction regardless of where she files the lawsuit.

North Carolina courts have previously addressed similar jurisdictional challenges. In cases where the affair occurred partially within North Carolina borders, even a single weekend trip can establish sufficient contacts. However, when all conduct occurred outside the state, courts have dismissed cases for lack of jurisdiction, even when the plaintiff resides in North Carolina.

What This Means for North Carolina Residents

North Carolina residents facing similar situations should understand both the power and limitations of alienation of affection claims. The law provides a legal remedy that most Americans cannot access, but it comes with practical and strategic considerations.

Spouses who discover an affair have three years to file a claim, but evidence gathering should begin immediately. Text messages, emails, hotel receipts, and witness testimony all support these cases. North Carolina courts have accepted digital evidence including social media posts and location data from smartphones in recent alienation of affection trials.

The defendant in an alienation of affection case need not be wealthy for a judgment to have consequences. Even an uncollected judgment can affect the defendant's credit, employment prospects, and professional licensing depending on their field.

However, plaintiffs must consider the emotional and financial costs of litigation. These cases often take 18-24 months to reach trial, require extensive discovery, and may expose painful details of the marriage publicly. Legal fees for prosecuting an alienation of affection claim typically range from $15,000 to $50,000 or more depending on complexity.

Practical Takeaways for Those Considering Filing

  1. Document everything before confronting your spouse or the third party, as evidence often disappears once litigation becomes likely

  2. Consult with a North Carolina family law attorney within six months of discovering the affair to preserve your legal options and assess case strength

  3. Understand that alienation of affection is separate from divorce proceedings under N.C. Gen. Stat. § 50-6, meaning you can pursue both simultaneously but they involve different courts and procedures

  4. Consider whether some conduct occurred in North Carolina, as even minimal in-state activity may support jurisdiction over out-of-state defendants

  5. Evaluate whether the defendant has collectible assets, since a judgment means little if the defendant has no income or property to satisfy it

Frequently Asked Questions

Can I sue for alienation of affection if I live in North Carolina but the affair happened in another state?

North Carolina courts require the defendant to have minimum contacts with the state before exercising jurisdiction. If the affair occurred entirely outside North Carolina and the defendant has no ties to the state, you likely cannot sue in North Carolina even as a resident. Approximately 60% of jurisdictional challenges in these cases involve out-of-state conduct disputes.

How much can I recover in a North Carolina alienation of affection lawsuit?

North Carolina juries have awarded damages ranging from $10,000 to $9 million in alienation of affection cases over the past 15 years. The average award in cases that proceed to verdict falls between $50,000 and $200,000. Factors affecting damages include the length of the marriage, evidence of a happy marriage before the affair, and the defendant's conduct during the relationship.

Does North Carolina allow criminal conversation claims in addition to alienation of affection?

North Carolina recognizes criminal conversation as a separate tort under common law, requiring proof of actual sexual intercourse between your spouse and the defendant during the marriage. Unlike alienation of affection, criminal conversation does not require proving the marriage was destroyed. Many plaintiffs file both claims together, with criminal conversation serving as a backup if alienation of affection cannot be proven.

Will filing an alienation of affection lawsuit affect my divorce case or custody arrangements?

Alienation of affection lawsuits are civil tort claims handled separately from divorce proceedings in North Carolina. However, North Carolina is an equitable distribution state under N.C. Gen. Stat. § 50-20, and marital misconduct can affect alimony awards. Courts cannot consider fault in property division but may consider marital misconduct when determining spousal support amounts and duration.

What defenses can someone raise against an alienation of affection claim in North Carolina?

Common defenses include lack of jurisdiction, statute of limitations expiration, consent or connivance by the plaintiff spouse, and proving the marriage lacked genuine love and affection before the defendant's involvement. The defendant may also argue their conduct did not cause the marriage breakdown if the relationship was already deteriorating. Approximately 40% of alienation of affection cases settle before trial after these defenses are raised.

Have questions about your specific situation? Victoria, our AI legal assistant, can explain how North Carolina alienation of affection laws might apply to your circumstances and connect you with local family law attorneys.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

Can I sue for alienation of affection if I live in North Carolina but the affair happened in another state?

North Carolina courts require the defendant to have minimum contacts with the state before exercising jurisdiction. If the affair occurred entirely outside North Carolina and the defendant has no ties to the state, you likely cannot sue in North Carolina even as a resident. Approximately 60% of jurisdictional challenges in these cases involve out-of-state conduct disputes.

How much can I recover in a North Carolina alienation of affection lawsuit?

North Carolina juries have awarded damages ranging from $10,000 to $9 million in alienation of affection cases over the past 15 years. The average award in cases that proceed to verdict falls between $50,000 and $200,000. Factors affecting damages include the length of the marriage, evidence of a happy marriage before the affair, and the defendant's conduct during the relationship.

Does North Carolina allow criminal conversation claims in addition to alienation of affection?

North Carolina recognizes criminal conversation as a separate tort under common law, requiring proof of actual sexual intercourse between your spouse and the defendant during the marriage. Unlike alienation of affection, criminal conversation does not require proving the marriage was destroyed. Many plaintiffs file both claims together, with criminal conversation serving as a backup if alienation of affection cannot be proven.

Will filing an alienation of affection lawsuit affect my divorce case or custody arrangements?

Alienation of affection lawsuits are civil tort claims handled separately from divorce proceedings in North Carolina. However, North Carolina is an equitable distribution state under N.C. Gen. Stat. § 50-20, and marital misconduct can affect alimony awards. Courts cannot consider fault in property division but may consider marital misconduct when determining spousal support amounts and duration.

What defenses can someone raise against an alienation of affection claim in North Carolina?

Common defenses include lack of jurisdiction, statute of limitations expiration, consent or connivance by the plaintiff spouse, and proving the marriage lacked genuine love and affection before the defendant's involvement. The defendant may also argue their conduct did not cause the marriage breakdown if the relationship was already deteriorating. Approximately 40% of alienation of affection cases settle before trial after these defenses are raised.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering North Carolina divorce law