'Homewrecker' lawsuit results in $750G award for jilted husband who sued over wife's affair
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A woman’s lover was ordered to pay $750,000 in damages to her ex-husband after a judge in North Carolina found under the state’s antiquated “homewrecker” law that he’s legally responsible for breaking up a more than decade-long marriage, according to reports.
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Speaking Wednesday, Kevin Howard told Greenville’s WNCN-TV he filed a lawsuit against the man who had an affair with his wife over "alienation of affections," a common law tort that dates to the 18th century, when women were considered their husbands' property.
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North Carolina is one of six states that still honor what’s been dubbed “homewrecker” or “heart balm” lawsuits under the tort that are brought by a spouse against a third party alleged to be liable for damaging the marriage, most often resulting in divorce.
“I filed this case because I believe it’s very important that people understand that sanctity of marriage is important, especially in this day and age when people question everyone’s morals, people question everyone’s liability as a person,” Howard told WNCN.
“I filed this case because I believe it’s very important that people understand that sanctity of marriage is important, especially in this day and age when people question everyone’s morals, people question everyone’s liability as a person.”
A Pitt County Superior Court judge in August ordered Greg Jernigan to pay the $750,000 in damages to Howard after court documents stated Jernigan seduced Howard’s wife while she was his teaching mentor, eventually initiating an affair that broke up an otherwise happy 12-year marriage, The Washington Post reported.
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Under the "alienation of affections" law, a plaintiff must prove the marriage was happy before a third party intervened. Also dubbed the “mother-in-law” tort, the law does not imply a sexual affair had to have occurred, solely that an outside individual persuaded a married person to seek divorce.