A recent lawsuit involving former U.S. Senator Kyrsten Sinema brought renewed attention to a little-known legal claim known as alienation of affection. In September 2025, the now ex-wife of Ms. Sinema’s bodyguard sued the former senator for alienation of affection. But what is alienation of affection, and can a party bring this action in Illinois?
What is Alienation of Affection?
Included under the umbrella of so-called heart balm actions, alienation of affection is a tort claim that historically allowed a spouse to sue a third party who allegedly caused the loss of affection, companionship, or consortium of the other spouse. A plaintiff in an alienation of affection case can seek money damages against the defendant.
Heart balm actions, including alienation of affection, have largely fallen out of favor in most U.S. jurisdictions (North Carolina, where the lawsuit against Ms. Sinema was filed, is a notable exception). Amidst the rise of no-fault divorce and changes in societal attitudes regarding the divorce process, critics increasingly viewed heart balm actions as legally sanctioned gossip and tools for extortion.
Alienation of Affection in Illinois
Despite society’s changing attitudes, alienation of affection remained a valid (if rarely used) cause of action in Illinois well into the 21st century. Illinois abolished alienation of affection claims effective January 1, 2016, through the Alienation of Affections Abolition Act, 740 ILCS 5/7.1.
A spouse’s affair still may be relevant in an Illinois divorce, however. Although Illinois no longer recognizes alienation of affection claims, spending marital funds on an extramarital relationship may, in some circumstances, support a claim of dissipation in a divorce proceeding. It is important to speak with an attorney to assess whether a spouse’s conduct constitutes dissipation.
Conclusion
Although Illinois no longer allows lawsuits for alienation of affection, conduct related to an extramarital relationship can still affect financial issues in a divorce. If you have questions about dissipation, property division, or other family law matters, an experienced Illinois divorce attorney can help you understand your rights and options.
John P. McKeown, Associate
For more information on Mr. McKeown, please visit: www.beermannlaw.com/team/john-p-mckeown/.
