- North Carolina law requires the following elements for the State Court determination of liability and damages:
- Husband and Wife were happily married
- Genuine love and affection were present between the couple
- The wrongful and malicious acts produced and brought about the loss and alienation of love and affection
- Husband sued the paramour in State Court and won
- Paramour filed an adversary proceeding.
- It is important to note that the wife also worked in the husband’s business which resulted in an economic loss to the Husband
- State Court awarded the following to the Husband: $1.2 million in economic business and loss of his wife’s services to his business; $6,645,936 for punitive damages, which was 3x the compensatory award.
- The “malicious and willful” paramour filed bankruptcy asserting that the law was based upon antiquated torts that Congress did not intend to except from discharge.
- None of the cases based upon NC law were ever overturned.
- Held that the $8.8 million debt was non-dischargeable.
- 4th U.S. Circuit Court of Appeals found that a judgment for alienation of affection was non dischargeable pursuant to Section 523(a)(6).
Moral of Story: Don’t break up a loving marriage; especially when you are in North Carolina