Alienation of affections is a common law tort abolished in many jurisdictions where it still exists an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage most often resulting in divorce. What is alienation of affection affection is a necessary element of any marriage and it has been felt throughout history that a third party who instigates an intimate relationship with a married person has wronged the other spouse a great many marital relationships have failed because one spouse had a romantic affair with someone else. Alienation of affection lawsuits also known as homewrecker or heartbalm lawsuits are civil tort claims as its monikers suggest an alienation of affection case is brought by a spouse whos been deserted as a result of a third partys actions. Alienation of affection lawsuits is when an outsider interferes with a marriage 1 defendants in these suits are often an adulterous spouses lover but family members counselors therapists and religious members who have encouraged a spouse to get a divorce have also been sued for these matters alienation of affection state laws