Homewrecker laws in the U.S. usually refers to “alienation of affection” or similar lawsuits that let a spouse sue a third party for breaking up a marriage. As of the latest widely reported information, only a small group of states still allow these kinds of civil suits.

Which states have “homewrecker” laws?

These suits are typically called alienation of affection claims, not “homewrecker laws,” but the idea is the same: a spouse can sue a third party they believe wrongfully interfered with the marriage, causing loss of affection and the breakdown of the relationship.

States commonly listed as still allowing these lawsuits are:

  • Hawaii (alienation of affection allowed)
  • Illinois (still mentioned in many summaries as permitting such suits, though Illinois has significantly narrowed or abolished related “heart balm” actions in modern reforms)
  • New Mexico (alienation of affection allowed)
  • North Carolina (very active use of alienation of affection and “criminal conversation,” with large verdicts reported)
  • Mississippi (alienation of affection allowed)
  • South Dakota (alienation of affection allowed)
  • Utah (alienation of affection allowed)

Many news and explainer pieces summarize this by saying “in six states you can sue your marriage’s homewrecker,” then listing Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah.

Why do sources disagree on the number?

You may see some confusion online:

  • Some articles say six states, but then list seven names (including Illinois), which leads to forum jokes about “six states… and also seven states.”
  • The variation often comes from:
    • Different cut‑off dates (laws change and some “heart‑balm” actions have been repealed over time).
* Whether the writer is counting only classic alienation of affection or also closely related causes like criminal conversation.

Because family and tort law are state‑specific and sometimes change, anyone considering an actual claim should check very current state law or speak with a local attorney, especially in places like Illinois where heart‑balm actions have been heavily restricted or abolished in modern reforms.

How these laws generally work

While details vary by state, alienation of affection cases typically require the suing spouse to show things like:

  • A valid, loving marriage existed.
  • The affection in the marriage was destroyed.
  • A third party’s wrongful, intentional conduct contributed significantly to that loss of affection.

These are civil lawsuits, meaning the alleged “homewrecker” risks money damages, not jail time. Most states have abolished such suits as outdated and inconsistent with modern views of marriage and personal autonomy, which is why only a small minority still allow them.

Information gathered from public forums or data available on the internet and portrayed here.