Former US Senator Kyrsten Sinema is facing a civil lawsuit under a rarely used legal concept commonly referred to as a ‘homewrecker law’ formally known as an alienation of affection claim.
The lawsuit, filed in North Carolina, alleges that Sinema played a role in the breakdown of a 14-year marriage, bringing renewed attention to a type of law that has largely disappeared across the United States.
What is this law about?
This law permits a spouse to sue a third party they believe intentionally interfered with and ultimately destroyed their marriage. Unlike divorce proceedings, such claims focus on the actions of an outside individual rather than the conduct of either spouse.
According to Cornell Law School, a plaintiff bringing an alienation of affection suit must demonstrate that a genuine, loving marriage existed and that the accused party took actions that a reasonable person would expect to lead, and did lead, to the loss of affection between spouses.
The lawsuit is separate from divorce and can result in significant financial damages.
While the law is rare today, recent cases show they can carry serious consequences. In November, a TikTok influencer was ordered to pay $1.75 million to her manager’s ex-wife after being accused of having an affair with the married man, according to USA Today.
Alienation of affection law was adopted in the early legal systems of the United States. Over time, most states repealed or invalidated them, citing concerns about fairness, privacy, and outdated views on marriage. Sinema’s home state of Arizona, for example, abolished such claims in 1973, while the Kentucky Supreme Court eliminated them in 1992.
So, which states still have this law in effect today?
As of recent years, these lawsuits remain viable in at least five states: Mississippi, Hawaii, North Carolina, South Dakota, and Utah, according to a Duke Law Journal article.
The status of the law in New Mexico has been uncertain, though the state Supreme Court declined to rule on the issue in 2025. New Mexico Chief Justice David Thomson noted concerns about using tort law to examine what went wrong in a marriage.
Meanwhile, efforts to eliminate the claims continue. A lawmaker in Utah has recently proposed legislation aimed at abolishing alienation of affection lawsuits, reflecting an ongoing debate over whether such “homewrecker laws” still belong in modern legal systems.