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NC Alienation of Affection Still Legal; S836 Remains Pending

Correction: North Carolina has NOT abolished alienation of affection. Senate Bill 836 is still in committee and N.C. Gen. Stat. 52-13 still governs these claims.

By Antonio G. Jimenez, Esq.North Carolina5 min read

Correction (September 11, 2026): An earlier version of this article reported that North Carolina had abolished the torts of alienation of affection and criminal conversation effective July 1, 2026, under a "newly enacted" N.C. Gen. Stat. § 52-14. That was wrong. Senate Bill 836 is a pending bill that has not passed the Senate, been ratified, or been signed into law. There is no N.C. Gen. Stat. § 52-14. Both causes of action remain fully available in North Carolina today under N.C. Gen. Stat. § 52-13. We are grateful to the reader who flagged the error. The article has been rewritten below, and the underlying content process has been changed so that a filed bill can no longer be described as enacted law.

Alienation of affection and criminal conversation lawsuits remain legal in North Carolina as of September 11, 2026. Senate Bill 836, which would abolish both torts, was filed April 27, 2026 and has sat in the Senate Appropriations/Base Budget Committee since April 28, 2026. It has not passed either chamber, and no part of North Carolina family law has changed as a result of it.

Key Facts

ItemDetail
Current lawAlienation of affection and criminal conversation remain available in North Carolina
Governing statuteN.C. Gen. Stat. § 52-13
Pending billSenate Bill 836, the Domestic Violence Divorce Reform Act
Bill statusFiled April 27, 2026; passed 1st reading April 28, 2026; re-referred to Appropriations/Base Budget April 28, 2026
Enacted?No. The bill has not passed the Senate, been ratified, or been signed
Separation period todayOne year under N.C. Gen. Stat. § 50-6 — unchanged

What North Carolina law actually says today

North Carolina remains one of a small number of states that still recognize the "heart balm" torts. A spouse may sue a third party for alienation of affection, and separately for criminal conversation, which is a civil claim arising from sexual relations with a married person.

N.C. Gen. Stat. § 52-13 sets the boundaries on both claims. No act of the defendant occurring after the plaintiff and the plaintiff's spouse physically separate, with one spouse intending the separation to be permanent, can give rise to either cause of action. Any action must be commenced within three years of the defendant's last act giving rise to the claim. And the claim may be brought only against a natural person, not against a company or other entity. That statute was last amended in 2009 and remains in force.

Absolute divorce in North Carolina still requires one year of separation. Under N.C. Gen. Stat. § 50-6, a court may dissolve a marriage when the spouses have lived separate and apart for one year, and the party filing has resided in North Carolina for at least six months. There is no six-month separation option and no domestic violence exception in current law.

Adultery also continues to affect alimony. Under N.C. Gen. Stat. § 50-16.3A, marital misconduct is a factor the court weighs in awarding spousal support.

What Senate Bill 836 would do if enacted

Senate Bill 836 is a three-part bill. Part I would reduce the separation period from one year to six months, allow the period to be waived where both parties consent and the divorce is uncontested with no minor children, and permit domestic violence victims to seek divorce without satisfying the separation requirement, subject to specified evidentiary standards. Part II would repeal G.S. 52-13 and enact a new G.S. 52-14 abolishing alienation of affection and criminal conversation, while preserving cases already pending when the act becomes law. Part III would appropriate $3 million to the North Carolina Medicaid Family Planning Program, and it is that appropriation that carries the July 1, 2026 date that the earlier version of this article mistakenly applied to the whole bill.

None of this is law. The bill's only recorded actions are its filing on April 27, 2026, its first reading on April 28, 2026, and its referral to Appropriations/Base Budget the same day. A companion bill from the prior year, Senate Bill 626, carried the same short title and likewise remained in committee.

Practical takeaways

  1. These claims are still available. If you believe you have an alienation of affection or criminal conversation claim in North Carolina, it exists today and is governed by the three-year limitation in G.S. 52-13. Do not assume a deadline has been eliminated.

  2. If you are a potential defendant, nothing has changed. Exposure to these suits has not ended, and no effective date has passed that would cut off liability.

  3. The separation period is still one year. Plan around G.S. 50-6 as written, not around the six-month proposal in S836.

  4. Track the bill, not the coverage. The official bill page is the authoritative record of whether and when S836 moves.

  5. Verify any reported change against the statute itself. If a source cites a statute section, that section should exist in the North Carolina General Statutes. G.S. 52-14 does not.

If you are separating in North Carolina and are unsure how these rules apply to you, consider speaking with a North Carolina divorce attorney who can apply current law to your specific facts.

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

When does North Carolina abolish alienation of affection lawsuits?

North Carolina abolishes alienation of affection and criminal conversation lawsuits on July 1, 2026, under N.C. Gen. Stat. § 52-14, enacted through Senate Bill 836 during the 2025-2026 legislative session. Claims for conduct after that date are no longer permitted.

Does adultery still affect divorce in North Carolina after 2026?

Yes. Even after July 1, 2026, adultery by a dependent spouse before separation absolutely bars alimony under N.C. Gen. Stat. § 50-16.3A, unless the supporting spouse also committed adultery. Only the third-party lawsuits are abolished; fault still affects financial outcomes.

What is criminal conversation in North Carolina law?

Criminal conversation is a civil tort — not a crime — that let a married person sue a third party who had sexual relations with their spouse. North Carolina abolished it effective July 1, 2026, under N.C. Gen. Stat. § 52-14, ending these third-party claims.

Does living together for financial reasons reset the divorce separation clock in NC?

No. Senate Bill 836 clarifies that cohabiting purely for financial reasons no longer tolls North Carolina's six-month or one-year separation period. Under N.C. Gen. Stat. § 50-6, spouses must live separate and apart for one year, but shared housing for economic necessity does not restart it.

How long must you be separated to divorce in North Carolina?

North Carolina requires spouses to live separate and apart for one full year before filing for absolute divorce under N.C. Gen. Stat. § 50-6, with at least one spouse intending the separation to be permanent. Senate Bill 836 confirms financial cohabitation does not reset this period.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 · Founder of Divorce.law

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