Alienation of Affection States
Alienation of Affection States
Ranking - Law
Alienation of affection survives in only five states on June 25, 2026, after New Mexico dropped out on January 26, 2026.
Quick Answer
Alienation of Affection States
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Alienation of affection states number five on June 25, 2026. Hawaii, Mississippi, North Carolina, South Dakota, and Utah still allow the claim.
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New Mexico is the sharpest recent change. The New Mexico Supreme Court abolished alienation of affections on January 26, 2026.
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Illinois is not a yes state anymore. Illinois bars alienation of affections suits based on facts occurring on or after January 1, 2016.
Map
Alienation of Affection States Map
| State | Law Status |
|---|---|
| Alabama | No |
| Alaska | No |
| Arizona | No |
| Arkansas | No |
| California | No |
| Colorado | No |
| Connecticut | No |
| Delaware | No |
| Florida | No |
| Georgia | No |
| Hawaii | Yes |
| Idaho | No |
| Illinois | No |
| Indiana | No |
| Iowa | No |
| Kansas | No |
| Kentucky | No |
| Louisiana | No |
| Maine | No |
| Maryland | No |
| Massachusetts | No |
| Michigan | No |
| Minnesota | No |
| Mississippi | Yes |
| Missouri | No |
| Montana | No |
| Nebraska | No |
| Nevada | No |
| New Hampshire | No |
| New Jersey | No |
| New Mexico | No |
| New York | No |
| North Carolina | Yes |
| North Dakota | No |
| Ohio | No |
| Oklahoma | No |
| Oregon | No |
| Pennsylvania | No |
| Rhode Island | No |
| South Carolina | No |
| South Dakota | Yes |
| Tennessee | No |
| Texas | No |
| Utah | Yes |
| Vermont | No |
| Virginia | No |
| Washington | No |
| West Virginia | No |
| Wisconsin | No |
| Wyoming | No |
Five states are burgundy on June 25, 2026. Hawaii, Mississippi, North Carolina, South Dakota, and Utah still allow alienation of affection claims, while New Mexico turned gray after January 26, 2026.
Alienation of Affection States Table
50 entriesNo matching entries
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State
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Map Status
|
Law Present
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Largest Sourced Award
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Notes
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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Yes | Yes | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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Yes | Yes | $756,500 | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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Yes | Yes | $30 million | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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Yes | Yes | $265,000 | |
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No | No | N/A | |
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No | No | N/A | |
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Yes | Yes | $84,600 | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A | |
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No | No | N/A |
No matching entries
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Download as PDF
Print-ready table — Alienation of Affection States
States with Alienation of Affection Laws
Five states still recognize alienation of affection claims on June 25, 2026. Hawaii, Mississippi, North Carolina, South Dakota, and Utah make up the full yes group.
North Carolina codifies claim procedures in G.S. 52-13. Utah is still a yes state in 2026 because its repeal statute does not take effect until May 5, 2027.
States Where Homewrecker Lawsuits Are Banned
45 states are gray on this map. Illinois bars new claims based on facts occurring on or after January 1, 2016, and New Mexico abolished the tort on January 26, 2026.
New Mexico appeared in the six-jurisdiction list cited by the 2019 North Carolina case. That changed on January 26, 2026, when the New Mexico Supreme Court ended the claim.
Alienation of Affection Awards by State
North Carolina has the biggest dollar figure in this source set at $30 million. Mississippi follows with a $756,500 judgment in Fitch v. Valentine, South Dakota with $265,000 in Veeder v. Kennedy, and Utah with $84,600 in Nelson v. Jacobsen.
Hawaii stays in the yes group, but the current source set did not provide a verified statewide dollar figure. Its row therefore lists Largest Sourced Award as N/A.
Quick Answers
Which states have alienation of affection laws?
Can you sue a homewrecker in North Carolina?
Is alienation of affection legal in New Mexico?
Can you sue a homewrecker in Illinois?
Which state has the biggest alienation of affection award?
Is Utah still an alienation of affection state in 2026?
Methodology
This page starts with the six jurisdictions listed by North Carolina case law in 2019, then updates the map with the New Mexico Supreme Court's January 26, 2026 abolition and Utah's delayed repeal that takes effect on May 5, 2027. Illinois is marked No because 740 ILCS 5 bars new alienation of affections suits based on facts occurring on or after January 1, 2016.
Sources
- North Carolina General Statutes. G.S. 52-13
- Dipasupil v. Neely, North Carolina Court of Appeals, 2019
- New Mexico Administrative Office of the Courts. Jan. 26, 2026 release
- Illinois Compiled Statutes. Alienation of Affections Abolition Act
- Utah Code Title 78B, Chapter 3
- Hunt v. Chang, Hawaii Supreme Court, 1979
- Jerry Fitch, Sr. v. Johnny Valentine, Mississippi Supreme Court, 2007
- South Dakota Codified Law 20-9-7
- Richardson v. Richardson, South Dakota Supreme Court, 2017
- Nelson v. Jacobsen, Utah Supreme Court, 1983
- Beavers v. McMican, North Carolina Court of Appeals, 2022