N.C. Gen. Stat. » Chapter 52
NC General Statutes

N.C. Gen. Stat. § 52-13 (2026)

Procedures in causes of action for alienation of affection and criminal conversation

✓ current as of July 2026
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(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.

(b) An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.

(c) A person may commence a cause of action for alienation of affection or criminal conversation against a natural person only. (2009-400, s. 1.)

Notes of Decisions
Cited in 16 cases (7 in the last 5 years), 1945–2025 · leading case: Rodriguez v. Lemus, 810 S.E.2d 1 (N.C. Ct. App. 2018).
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Rodriguez v. Lemus, 810 S.E.2d 1 (N.C. Ct. App. 2018). · cites it 10× “Factual and Procedural Background Plaintiff filed a complaint on 30 March 2015 asserting claims against Defendant pursuant to N.C. Gen. Stat. § 52-13 for criminal conversation and alienation of affection.”
Hayes v. Waltz, 784 S.E.2d 607 (N.C. Ct. App. 2016). · cites it 2× “See N.C. Gen.Stat. § 52-13(a) (2015) ("No act of the defendant shall give rise to a cause of action for alienation of affection .”
Eubanks v. Eubanks, 159 S.E.2d 562 (N.C. 1968). · cites it 3× “In no event could this statute have any application to the agreement in suit, which was acknowledged 11 March 1965, At that time, the applicable statute, G.S. 52-13 (now G.S. 52-10), provided that “any persons of full age about to be married, and, subject to § 52-12 (now 52-6),…”
Malecek v. Williams, 804 S.E.2d 592 (N.C. Ct. App. 2017). · cites it 2× “See N.C. Gen. Stat. § 52-13 (2015) ; Barker v.”
Turner v. Turner, 89 S.E.2d 245 (N.C. 1955). “Turner was expressly authorized by G.S. 52-13 to release by valid contract her right of dower in the lands of E.”
Beavers v. McMican (N.C. 2024). · cites it 34× “MCMICAN Opinion of the Court (2018)1, concerning which evidence is relevant to prove pre-separation conduct, is inconsistent with the enacted language and legislative intent of N.C.G.S. § 52-13, which specifies that post-separation conduct cannot give rise to liability in these…”
Motley v. Motley, 120 S.E.2d 422 (N.C. 1961). “In the hearing below the defendant introduced in evidence the ante-nuptial contract dated 24 September 1956, and relies thereon as a release and a bar to the right of plaintiff to have the court award her attorneys’ fees and alimony pendente lite, citing G.S. 52-13. This statute…”
Beavers v. McMican (N.C. Ct. App. 2022). · cites it 27× “The legislative history of N.C. Gen. Stat. § 52-13 (a) demonstrates that the General Assembly intended for it to make an inference by the jury of pre-separation conduct from evidence of post-separation conduct impossible.”
Beavers v. McMican (N.C. Ct. App. 2022). · cites it 27× “The legislative history of N.C. Gen. Stat. § 52-13 (a) demonstrates that the General Assembly intended for it to make an inference by the jury of pre-separation conduct from evidence of post-separation conduct impossible.”
Ritchie v. White, 225 N.C. 450 (N.C. 1945). “It is provided by G. S., 52-13, that contracts between husband and wife are valid, if “not forbidden by G.”
Smith v. Smith, 225 N.C. 189 (N.C. 1945). “Moreover, it is provided by statute, G. S., 52-13, formerly Revisal, 2108, C. S.”
Price v. Jones (N.C. Ct. App. 2014). · cites it 16× “” N.C. Gen. Stat. § 52-13 (b) (2013) (emphasis added).”
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N.C. Gen. Stat. § 52-13(a): 4 cases
Hayes v. Waltz, 784 S.E.2d 607 (N.C. Ct. App. 2016). “See N.C. Gen.Stat. § 52-13(a) (2015) ("No act of the defendant shall give rise to a cause of action for alienation of affection .”
Beavers v. McMican (N.C. 2024). “MCMICAN Opinion of the Court (2018)1, concerning which evidence is relevant to prove pre-separation conduct, is inconsistent with the enacted language and legislative intent of N.C.G.S. § 52-13, which specifies that post-separation conduct cannot give rise to liability in these…”
Beavers v. McMican (N.C. Ct. App. 2022). “The legislative history of N.C. Gen. Stat. § 52-13 (a) demonstrates that the General Assembly intended for it to make an inference by the jury of pre-separation conduct from evidence of post-separation conduct impossible.”
Beavers v. McMican (N.C. Ct. App. 2022). “The legislative history of N.C. Gen. Stat. § 52-13 (a) demonstrates that the General Assembly intended for it to make an inference by the jury of pre-separation conduct from evidence of post-separation conduct impossible.”
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