Having an Affair with a Married Person?

Three Big Reasons to Reconsider

If you are having a romantic relationship with someone who is married, you might not realize there is potential legal liability, aside from the typical moral or emotional fallout. We’ll call it dating but it probably doesn’t involve any dates because those who date risk being seen in public. If you are married, you risk a court ruling that you have committed marital fault, which has numerous financial consequences. Even if you are single, in North Carolina, dating someone who is married can cost you financially.

Reason #1

If you have an STD (sexually transmitted disease), you have a legal duty to warn the husband or wife of the person you are dating. If you are the cause of the spouse contracting the STD, he or she can sue you in civil court for financial damages.

Reason #2

If the spouse sues you for alienation of affection, you also face financial damages. In this context, alienating is “stealing” the wife or husband from the spouse, even if they reconcile, so long as it falls into the timeline required to sue you.

Reason #3

Having intercourse with a married person gives his or her spouse to sue you for “criminal conversation.” This is a quaint way of saying the act of intercourse itself, regardless of whether you “steal” the spouse or merely “borrow” him or her.