Can Tim Moore be sued for being a homewrecker? Here’s what NC state law says

Evan Moore
·2 min read
11

A lawsuit filed Sunday by a former Apex city councilman alleges North Carolina House Speaker Tim Moore “used his position as one of the most powerful elected officials” to have a years-long affair with his wife.

Scott Lassiter, who now serves as an assistant principal in the Wake County Schools system, is suing Moore and seeks more than $25,000 in damages, The Charlotte Observer reported.

The lawsuit claims that Lassiter’s wife, Jamie Liles Lassiter, the executive director of the N.C. Conference of Clerks of Superior Court hoped her “acquiescence” to Moore’s demands would benefit her employer. It claims that Moore “aggressively pursued a sexual relationship” with her.

North Carolina is one of five states that allow you to sue someone for wrecking your marriage. Similar laws exist in Hawaii, Mississippi, New Mexico, South Dakota and Utah, The Washington Post reported.

Here’s what to know about home wrecker laws in the state.

How a spouse can sue your fling in NC

The alienation of affection law “allows a spouse to sue a third party for wrongful acts that deprived them of the love and affection of their spouse,” according to Montgomery Family Law, a law firm based in Cary.

There is a three-year statute of limitations for alienation of affections claims, which means the innocent spouse must file their claim within three years of the act, the firm says.

You must prove the following to be successful in an alienation of affection lawsuit, according to the firm:

  • You and your spouse were in a valid marriage with love and affection

  • The love and affection between you and your spouse were destroyed and alienated

  • The wrongful and malicious behavior of the third party was the cause of the destruction and alienation of your spouse’s love and affection

  • The wrongful and malicious behavior occurred before you and your spouse separated

  • The alienation led to the destruction of your marriage, separation, depression or economic loss

Though the law usually applies to cheating spouses, the state recognizes other types of cases, including in-laws or friends who advise one spouse to leave the other, according to Sodoma Law, a Charlotte-based law firm.

How likely is it to win a home wrecker case?

A few plaintiffs have won millions in alienation of affection cases in North Carolina.

In what is thought to be the largest monetary award in this category, a judge in Raleigh awarded $30 million in 2011 to Carol Puryear, the former wife of a trucking company owner, The News & Observer reported.

Puryear ended her 13-year marriage after discovering her husband met another woman at his father’s funeral and began an affair with her.

In 2018, a Durham County judge awarded BMX bike show personality Keith King an $8.8 million judgment against the man he said seduced his wife and wrecked his marriage, the N&O reported.