Every so often, the tort of alienation of affection makes the news across the state. There was a popular NC politician who was sued for this tort for his involvement with a staff worker, who was married to another at the time. That lawsuit settled in 2021, and the state senator involved is no longer in office. However, this tort is making the news again across the US. This time, it’s come up for a slightly more popular case – the lawsuit against NeNe Leakes,
One of the most popular housewives from Atlanta who starred for many years on the Bravo hit, Real Housewives of Atlanta, NeNe recently has been named as the defendant in a lawsuit filed by Malomine Tehmeh-Sioh, the former wife of Nyonisela Sioh, a very successful men’s couture clothing designer, who bases his high-end clothing line out of his Charlotte, NC office. The former Mrs. Sioh is claiming that NeNe broke up her marriage, causing her distress and emotional damage (NeNe’s late husband, Gregg, died in September, 2021, and just a few months later, NeNe, was posting social media pictures with the designer Sioh). If successful, she stands to gain more than $100,000 from Leakes.
Regardless of what one thinks about suing someone over “stealing” your spouse, it is the law in North Carolina. To be successful when suing another, the plaintiff, the person filing the lawsuit, and in NeNe’s case, it is the former Mrs. Sioh, must prove that:
- There was a marriage with existing love and affection
- The love and affection were destroyed
- The wrongful and intentional acts of the third party caused the destruction of the loving marriage
Mrs. Sioh claims that her marriage bed has been dishonored; she claims that she has been embarrassed and humiliated; and she claims that her martial rights and privileges have been invaded. Thus she has filed the lawsuit against NeNe Leakes, and may have ample evidence to reveal.
Note – the jilted spouse does not need to prove that there was a sexual relationship between the other spouse and the paramour. If there is proof of a sexual relationship, then the “innocent” spouse could sue for criminal conversation, another tort, that arises from the adultery that has been committed. The term conversation is an old euphemism for sexual intercourse. This tort’s history comes from Common Law, just like the tort of alienation of affection. It is typical to see both of these torts alleged against the paramour.
There are older cases where a family member, a father-in-law or mother-in-law, were the people being sued for alienation of affection (think of the common stereotype – a parent convinced that their child’s spouse is wrong for them, and thus tries to convince them as well). However, the majority of the time, the defendants in these lawsuits are boyfriends and girlfriends or, as we say in the legal profession, the paramours. It is a legal concept and tort that has been around in North Carolina since 1849. There are only a handful of states that still recognize this tort, but it is a law that is still on the books in North Carolina. This tort was born from English Common Law in the 18th Century. Even though people mock and ridicule this tort, it can be quite serious – we have had verdicts rendered ranging from $1 million to $30 million over the past 15 years in NC.
Often there is proposed legislation promoted in the NC General Assembly by lawmakers to abolish both torts. However, these efforts seem to never make it out of committee. They never seem to gain the support that is needed. Even if the NC General Assembly were to take some action soon, it would not likely ease things for NeNe Leaks in that new laws when passed cannot go back in time and they cannot be applied retroactively.
Another concern for NeNe Leakes is that it is likely that she does have some assets that could be in jeopardy now if she were to have a judgment from a lawsuit entered against her. NeNe’s former husband has died, so she no longer co-owns any assets with her deceased husband. It is likely that she has assets in her own name. Some sources have her worth at $14 million, and she has been reported to have been the highest paid housewife from all the housewife cities, including New York, Dallas, Beverly Hills, Salt Lake City, Orange County, Miami, and Potomac. NeNe herself has proclaimed that she is “Rich – Donald Trump rich.”
Another quirk in NeNe’s situation is that she has filed a lawsuit against the companies behind her former show, Real Housewives of Atlanta, claiming that the Bravo based entities allowed a racist and toxic work environment to exist. Not to mix up too many litigation items, but it is not too hard to ponder the following: with this new lawsuit against NeNe, should she carry on with her Bravo case when it could yield her more money but could in turn make more money available to her boyfriend’s ex-wife?
Speaking of money, that is what the plaintiff in any alienation of affection lawsuit will be awarded if successful. It takes money to bring this type of lawsuit. One must really consider the merit of this legal action if the defendant has no money. There may be an overwhelming amount of evidence that alienation of affection occurred but it will take thousands to successfully file and litigate this kind of case. Is it worth it if the defendant is broke? In NeNe’s case, is it worth it if the defendant is a wealthy tv star? In Malomine Tehmeh-Sioh’s case, the answer appears to be yes.
