Criminal conversation is a common law tort that allows a spouse to sue a third party for engaging in sexual intercourse with their spouse, it is the civil claim for adultery. Criminal conversation or “heartbalm actions” are considered an infringement on the rights of the non-adulterous spouse and an interference with the marital relationship. Only seven U.S. states allow alienation of affection and criminal conversation lawsuits – Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.
[Last updated in July of 2024 by the Wex Definitions Team]