We wrote about Ammel v. Sinema earlier this month (9/5/26) noting that there are still states that allow lawsuits seeking damages for interfering with a marriage (alienation of affection). While Pennsylvania stepped away from that world in 1935, the North Carolina case decided that someone outside that state who interfered with a marriage in that state could still be liable.
The North Carolina federal court ruled that by texting a married North Carolina resident Ms. Simema may have committed a tort in that state. Because of that ruling, Sinema has had to file an answer in that state. The answer opens an entirely new can of worms; one which explains why most states have outlawed these claims. See Lampus v. Lampus 660 A.2d 1308 (Pa. 1995)
In a nutshell, the defendant asserts Mr. Ammel told her he was separated when they formed their relationship and Sinema had no reason to know otherwise.
If you want to frustrate a divorce lawyer, the easy way to do it is to ask: “Am I separated?” There is no bright line test. Yes, the law in Pennsylvania says that the filing of a divorce creates a presumption of separation. But what about a custody action, a support action, a note on the kitchen table that says “It’s over. Get out!” ? There is no answer and if you ask the people registered on websites like Tinder and Grindr you are not likely to secure an honest answer. All of us have friends and family who are sometimes together and sometimes not. We also live at a time when the phrase “open marriage” ranges beyond those living in communes
As we wrote earlier, one recent alienation case brought a million dollar verdict. That news attracts lawyers like flies to honey. But trials are expensive and proof that the plaintiff’s marriage was viable and the defendant knew of that marriage is a risky trail to travel. One can also see a verdict for the plaintiff but in a damage amount that is minimal. Last week, Mr. Ammel was arrested for entering Sinema’s Arizona home and throwing her art collection in a backyard pool. Query; if you’re a juror, and these charges prove true, where does that fit in the damages Ms. Ammel suffered through the loss of the affection of her husband?
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