For “alienation of affection”, a defendant can prove that no love and affection existed between the husband and wife.Another defense exists under General Statute 52-13, which allows a defendant to prove that an act giving rise to the claim for “alienation of affection” or “criminal conversion” occurred after the date of separation.
But, if you are dating someone so that you don’t have to be alone, or because you want a replacement for your ex, it’s not particularly fair to them – or you.
North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.
Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.
If want to date someone else to make your ex jealous, you’re not ready.
If you want a partner only because your ex has moved on, you’re not ready.