Alienation of affection and criminal conversation are potential legal claims or causes of action against a person who committed adultery with your spouse—the paramour or lover with whom your spouse had an affair. These claims are based on the idea that the person with whom your spouse cheated destroyed or alienated the love and affection in your marriage.

Alienation of affection claims are no longer recognized by courts in most states—but Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah do recognize such claims. And in some states that do or do not not recognize such claims, the cheated-on spouse may seek an unequal division of the marital estate based on fault in the breakup of the marriage.

The details of alienation of affection laws (sometimes called heart-balm laws) vary from state to state among the states that do recognize such claims.

In Hawaii, alienation of affection claims are recognized by the courts, which means that a spouse can potentially file a lawsuit against a third party who they believe is responsible for the breakdown of their marriage due to an affair with their spouse. These claims are based on the premise that the third party's actions deprived the aggrieved spouse of the love and affection of their partner. While many states have abolished such claims, Hawaii is among the few that still allow them. Additionally, in cases of divorce, Hawaii courts may consider adultery as a factor when deciding on the division of the marital estate. This could result in an unequal division of assets in favor of the non-adulterous spouse if the court finds that adultery played a significant role in the dissolution of the marriage.