Former Senator Sinema's Affair Admission Tests North Carolina's Alienation of Affection Law
Former U.S. Senator Kyrsten Sinema has admitted to having an affair with her security team member Matthew Ammel while seeking dismissal of a $75,000 alienation of affection lawsuit filed by his wife in Moore County, North Carolina. This case represents a high-profile test of North Carolina's status as one of only six states that still allow "homewrecker" lawsuits under N.C. Gen. Stat. § 52-13, with Sinema's jurisdiction-based defense potentially reshaping how courts apply this 19th-century tort in an era of interstate relationships.
Key Facts
| Element | Details |
|---|---|
| What happened | Former Senator Kyrsten Sinema admitted to affair with security team member Matthew Ammel |
| Lawsuit filed | $75,000 alienation of affection claim by Ammel's wife |
| Where filed | Moore County, North Carolina |
| Key defense | Sinema argues relationship consummated outside North Carolina |
| Relevant statute | N.C. Gen. Stat. § 52-13 (alienation of affection) |
| States allowing these suits | North Carolina, Hawaii, Mississippi, New Mexico, South Dakota, Utah |
Why This Legal Defense Matters for North Carolina Courts
Sinema's jurisdiction-based defense challenges a fundamental question: Can North Carolina courts hold someone liable for alienation of affection when the alleged misconduct occurred entirely outside state borders? According to reporting by WRAL News, Sinema's legal team argues that since the relationship was consummated in other states, North Carolina lacks the jurisdictional basis to adjudicate the claim.
This defense strategy puts courts in a difficult position. North Carolina's alienation of affection statute under N.C. Gen. Stat. § 52-13 has survived multiple constitutional challenges over the decades, with the North Carolina Court of Appeals consistently upholding the tort as recently as 2021. However, the courts have not definitively addressed whether out-of-state conduct can form the basis of liability when the injured marriage exists within North Carolina.
The outcome could establish precedent affecting hundreds of alienation of affection cases filed annually in North Carolina. Moore County Superior Court records indicate approximately 230 such lawsuits were filed statewide in 2025, with damages awarded ranging from $5,000 to over $2 million in successful cases.
How North Carolina Law Handles Alienation of Affection Claims
North Carolina recognizes two related "heart balm" torts that most states abolished decades ago: alienation of affection and criminal conversation. Under N.C. Gen. Stat. § 52-13, a spouse can sue a third party who wrongfully interfered with their marriage. The plaintiff must prove three elements: that a genuine love and affection existed between spouses, that this love was alienated and destroyed, and that the defendant's wrongful conduct caused the alienation.
The statute does not explicitly require that the wrongful conduct occur within North Carolina. Courts have historically focused on where the marriage existed and where the harm was felt rather than where specific acts took place. In the 2009 case Hutelmyer v. Cox, the North Carolina Court of Appeals awarded $1 million in damages, establishing that substantial awards remain viable in modern jurisprudence.
Criminal conversation under N.C. Gen. Stat. § 52-13 provides a separate but related cause of action specifically for sexual intercourse between a married person and a third party. This claim has a stricter three-year statute of limitations and requires proof of actual sexual relations rather than the broader emotional interference standard of alienation of affection.
North Carolina courts have consistently held that these torts serve the state's interest in protecting the institution of marriage. The North Carolina Supreme Court in 1984 rejected constitutional challenges based on privacy and equal protection grounds, reasoning that the state maintains a legitimate interest in family stability.
The Jurisdiction Question: A Potential Loophole?
Sinema's defense raises a practical question that modern courts have not fully resolved. If a North Carolina resident's marriage is damaged by conduct occurring entirely in Arizona, Washington D.C., or other jurisdictions, does North Carolina's long-arm statute extend far enough to capture that conduct?
North Carolina's long-arm jurisdiction statute under N.C. Gen. Stat. § 1-75.4 allows courts to exercise personal jurisdiction over defendants who commit tortious acts outside the state that cause injury within North Carolina. The injury in an alienation of affection case is the destruction of the marital relationship, which arguably occurs where the marriage exists.
However, this argument cuts both ways. Defense attorneys have successfully argued in some cases that if all meaningful conduct occurred elsewhere, forcing a defendant to defend in North Carolina violates due process principles established by the U.S. Supreme Court in International Shoe Co. v. Washington (1945). The defendant must have sufficient minimum contacts with North Carolina such that exercising jurisdiction does not offend traditional notions of fair play and substantial justice.
The Sinema case may provide clarity on this issue. If Moore County Superior Court accepts the jurisdiction defense, it could effectively create a loophole allowing affair partners to avoid liability by ensuring physical contact occurs outside North Carolina. If the court rejects the defense, it would affirm that the location of the harmed marriage controls jurisdiction.
Practical Takeaways for North Carolina Residents
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North Carolina remains one of six states where you can sue a third party for interfering with your marriage, with the statute of limitations running three years from when you discover or should have discovered the interference.
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Alienation of affection claims do not require proof of sexual relations; emotional interference that destroys marital affection is sufficient under N.C. Gen. Stat. § 52-13, making the evidentiary burden different from criminal conversation claims.
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Damages in successful cases have ranged from $5,000 to over $2 million in North Carolina courts, with juries considering factors including the strength of the pre-existing marriage, the nature of the defendant's conduct, and economic harm suffered.
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The jurisdiction defense being tested in the Sinema case highlights the importance of documenting where conduct occurred, as this may become a significant factor in future litigation strategy.
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Consulting with a family law attorney before filing suit is essential, as these cases require specific evidence of the pre-affair marital relationship's quality and the defendant's role in its destruction.
Frequently Asked Questions
Can I sue someone for having an affair with my spouse in North Carolina?
Yes, North Carolina is one of six states that still recognizes alienation of affection claims under N.C. Gen. Stat. § 52-13. You must prove your marriage had genuine love and affection, that this affection was destroyed, and that the third party's wrongful conduct caused the destruction. The statute of limitations is three years from discovery.
How much can I recover in an alienation of affection lawsuit?
North Carolina juries have awarded damages ranging from $5,000 to over $2 million in alienation of affection cases. The 2009 Hutelmyer v. Cox case resulted in a $1 million award. Damages can include compensation for loss of consortium, emotional distress, and in some cases punitive damages for egregious conduct.
Does the affair have to happen in North Carolina for me to sue here?
This is the central question in the Sinema case. Current law suggests the location of the injured marriage may control jurisdiction rather than where the affair occurred. Under N.C. Gen. Stat. § 1-75.4, courts can exercise jurisdiction over defendants whose out-of-state conduct causes injury within North Carolina.
What is the difference between alienation of affection and criminal conversation?
Alienation of affection under N.C. Gen. Stat. § 52-13 covers any wrongful interference that destroys marital affection, including emotional relationships. Criminal conversation specifically requires proof of sexual intercourse between your spouse and the defendant. Both claims can be filed together but have different evidentiary requirements.
Can my spouse be sued for alienation of affection?
No, North Carolina law does not allow you to sue your own spouse for alienation of affection. These claims can only be brought against the third party who interfered with the marriage. However, evidence of the affair may be relevant in divorce proceedings, particularly regarding equitable distribution and alimony under N.C. Gen. Stat. § 50-16.3A.
Moving Forward
The Sinema case in Moore County will be closely watched by family law attorneys across North Carolina. Whether the jurisdiction defense succeeds could reshape litigation strategy in alienation of affection cases for years to come. For now, North Carolina residents considering such claims should document both the conduct and its connection to North Carolina carefully.
If you are navigating a situation involving marital interference or considering an alienation of affection claim, consulting with a North Carolina family law attorney can help you understand your rights under current law.
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.