Charlotte, NC, January 23, 2026
A lawsuit against former Carolina Panthers receiver Steve Smith Sr. progresses as a judge denied his motion to dismiss. Accusations under North Carolina’s homewrecker laws claim that Smith interfered with a marriage, allegedly causing its breakdown. The plaintiff filed for divorce before Smith’s purported affair with his estranged wife. The lawsuit explores the legal implications of alienation of affection and criminal conversation laws still recognized in North Carolina, contrasting their status in most other states.
CHARLOTTE
A lawsuit alleging an affair by former Carolina Panthers wide receiver Steve Smith Sr. is moving forward in Mecklenburg County, after a judge denied his motion to dismiss the case. The legal action, filed under what is commonly known as a “homewrecker” law, accuses Smith of interfering with a marriage. This development means the contentious civil claim will proceed through the court system, focusing on allegations that Smith’s actions led to the breakdown of another man’s marriage.
Details of the Allegation and Timeline
The plaintiff in the case is a man who claims the former NFL star ruined his marriage by having an alleged affair. Court documents indicate that the man had already filed for divorce long before Smith reportedly met his estranged wife. Following the divorce filing, the former couple quickly reached an agreement on joint custody for their children and finalized a child support plan within a few weeks.
Smith has publicly indicated a change in his marital status, mentioning in a recent interview that he is no longer married. This personal revelation follows the ongoing legal proceedings that commenced last year. Adding to the public interest, Smith’s former Charlotte mansion was recently listed on the market for $10.7 million.
Understanding North Carolina’s “Homewrecker” Laws
The lawsuit against Steve Smith Sr. falls under specific North Carolina statutes known as alienation of affection and criminal conversation laws, often collectively referred to as “homewrecker” laws. These civil claims are unique because North Carolina is one of only a handful of states that still recognize them. While dating back to the 17th century in England and codified in many U.S. states in the 19th and 20th centuries, most states have abolished these “heart balm” torts since 1935, citing their dated origins and potential conflicts with modern no-fault divorce laws.
An alienation of affection claim allows a spouse to sue a third party for willfully and maliciously interfering with the marriage, resulting in the loss of love and affection between the spouses. To succeed in such a claim, the plaintiff must typically prove three elements: that a loving and affectionate marriage existed, that this love and affection was alienated or destroyed, and that the wrongful and malicious acts of the defendant caused this loss. The law was specifically limited in 2009 to apply only to acts committed prior to a married couple’s separation.
Separately, a criminal conversation claim is a civil action for adultery. This tort protects the fundamental right of exclusive sexual intercourse between spouses. To prove criminal conversation, a plaintiff generally needs to demonstrate two elements: the existence of a lawful marriage and that sexual intercourse occurred between the defendant and the plaintiff’s spouse during the marriage. Unlike alienation of affection, malice is not a required element for a criminal conversation claim. North Carolina courts have noted that these torts protect the marital relationship, though they also generate debate regarding privacy and constitutional rights.
Despite their controversial nature, North Carolina continues to see approximately 200 to 250 alienation of affection claims filed annually. Damages awarded in successful cases can cover emotional distress, mental anguish, shame, humiliation, and economic losses, potentially including the loss of a cheating spouse’s financial contributions. Punitive damages may also be sought in cases where malicious conduct is proven.
Frequently Asked Questions (FAQ)
- What is the latest development in the lawsuit involving former Panther Steve Smith Sr.?
- A lawsuit alleging an affair by former Carolina Panthers wide receiver Steve Smith Sr. is moving forward in Mecklenburg County, after a judge denied his motion to dismiss the case.
- What is the lawsuit against Steve Smith Sr. about?
- The lawsuit, filed under what is commonly known as a “homewrecker” law, accuses Smith of interfering with a marriage. The plaintiff claims the former NFL star ruined his marriage by having an alleged affair.
- When was the divorce filed by the plaintiff?
- The man accusing the former Carolina Panthers wide receiver of ruining his marriage had filed for divorce long before the player met his estranged wife.
- What are North Carolina’s “homewrecker” laws?
- North Carolina’s “homewrecker” laws refer to civil claims known as alienation of affection and criminal conversation, which allow a spouse to sue a third party for interfering with their marriage. North Carolina is one of the few states that still recognize these claims.
- What is required to prove an alienation of affection claim in North Carolina?
- To prove an alienation of affection claim, the plaintiff must show that a loving and affectionate marriage existed, that this love and affection was alienated or destroyed, and that the wrongful and malicious acts of the defendant caused this loss. The law applies only to acts committed prior to a married couple’s separation.
- What is required to prove a criminal conversation claim in North Carolina?
- To prove a criminal conversation claim, a plaintiff generally needs to demonstrate two elements: the existence of a lawful marriage and that sexual intercourse occurred between the defendant and the plaintiff’s spouse during the marriage.
- Are “homewrecker” laws common across the United States?
- No, most states have abolished alienation of affection and criminal conversation laws since 1935, citing their dated origins and potential conflicts with modern no-fault divorce laws. North Carolina is one of a few states that still recognize these claims.
Key Aspects of North Carolina’s “Homewrecker” Laws
| Legal Term | Description | Key Elements to Prove | Status in North Carolina | Status in Most Other U.S. States |
|---|---|---|---|---|
| Alienation of Affection | Civil claim against a third party for maliciously interfering with a marriage, causing a loss of love and affection. | 1. Loving marriage existed. 2. Love/affection was alienated/destroyed. 3. Defendant’s wrongful, malicious acts caused loss. (Limited to acts prior to separation). |
Recognized. Approximately 200-250 cases filed annually. | Abolished since 1935. |
| Criminal Conversation | Civil claim for adultery, protecting the right of exclusive sexual intercourse between spouses. | 1. Lawful marriage existed. 2. Sexual intercourse between defendant and plaintiff’s spouse during marriage. (Malice not required). |
Recognized. | Abolished since 1935. |
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Author: HERE Charlotte
The CHARLOTTE STAFF WRITER represents the experienced team at HERECharlotte.com, your go-to source for actionable local news and information in Charlotte, Mecklenburg County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Lovin' Life Music Festival, Charlotte Pride festival, and major sporting tournaments at Bank of America Stadium. Our coverage extends to key organizations like the Charlotte Regional Business Alliance and Foundation for the Carolinas, plus leading businesses in finance and entertainment that power the local economy such as Bank of America and NASCAR. As part of the broader HERE network, including HEREAsheville.com, HEREGreensboro.com, HERERaleigh.com, and HEREOBX.com, we provide comprehensive, credible insights into North Carolina's dynamic landscape.
