If Marriage Matters, Should You Be Able To Sue Your Spouse’s Lover?

There are some states where you can, and one law professor says it may be appropriate to punish a homewrecker

You’re married — happily, you believe, until you discover that your spouse is unfaithful. You’re devastated and consider getting a divorce. But, divorce doesn’t seem to be enough — shouldn’t someone pay for the anguish and shame the affair has caused you?

Arthur Johns thinks so. He recently sued North Carolina state Sen. Rick Gunn for breaking up his marriage by having an affair with his wife, Karen, Gunn’s legislative assistant, and whom he has since divorced.

Johns is seeking as much as $3 million from Gunn in a lawsuit that claims alienation of affection.

Although rare, some spouses have been able to cash in on the so-called heart balm torts, which are still legal in seven states, including North Carolina. They are among the 24 states with adultery and fornication laws. And spouses can win huge amounts, much larger than Johns’ $3 million: in 2010, two spurned North Carolina wives sued their husbands’ mistresses and walked away with $9 million and $5.8 million.

North Carolina is not screwing around, even if the hubby’s were.