The New Mexico Supreme Court has abolished so-called “home wrecker” lawsuits, formally known as alienation of affection cases, ruling that they no longer make sense under modern divorce law.
What triggered the ruling?
The case that prompted the decision involved a divorced man from Colorado who sued a Taos, New Mexico resident. The plaintiff argued that the defendant was responsible for the collapse of his marriage and should be held legally liable.
The Supreme Court used the case to reexamine whether such claims still have a place in New Mexico law.
Why did the court strike them down?
In a unanimous ruling, the court said alienation of affection lawsuits are incompatible with New Mexico’s no-fault divorce system.
Under no-fault divorce, couples are not required to prove wrongdoing—such as infidelity or abandonment—to legally end a marriage. The court reasoned that allowing lawsuits that assign blame to a third party contradicts this framework.
The justices also noted that marriages can fail for many complex reasons, making it unreasonable and outdated to legally blame one individual outside the marriage.
Former US Senator sued
Former US senator Kyrsten Sinema is facing a civil lawsuit under a little-used legal doctrine commonly called a “homewrecker law,” or an alienation of affection claim.
The case, filed in North Carolina, alleges that Sinema played a role in the breakdown of a 14-year marriage, reviving public attention on a type of lawsuit that has largely disappeared across the United States.
What are ‘home wrecker’ lawsuits?
Alienation of affection lawsuits allow a spouse to sue a third party—often a romantic partner—for allegedly causing the breakdown of a marriage. Plaintiffs typically claim emotional harm, loss of companionship, or damage to family life.
Once common in the United States, these lawsuits have largely disappeared. Before the ruling, New Mexico was one of only about six states that still allowed them.
Alienation of affection lawsuits remain legally viable in five other states: Mississippi, Hawaii, North Carolina, South Dakota, and Utah, according to a Duke Law Journal article.
What does this mean going forward?
With the ruling, alienation of affection claims are no longer allowed in New Mexico. People who believe their marriages were harmed by infidelity can no longer seek damages from a third party in court.
The decision brings New Mexico in line with most of the country, where such lawsuits have already been abolished or struck down by courts.
The ruling reflects a broader legal shift away from moral judgments in family law and toward recognizing personal autonomy and the realities of modern relationships. It also signals that courts are unlikely to revive laws rooted in older views of marriage, fault, and personal blame.