Jen Hamilton’s divorce could take unexpected legal turn after affair allegations

Jen Hamilton’s divorce may involve North Carolina’s rare alienation of affection law, legal expert explains

Jen Hamilton’s ongoing divorce from estranged husband Brian Hamilton could become more legally complex following her recent allegations about his alleged affair, with a legal expert explaining that North Carolina’s rare alienation of affection law may come into play.

The influencer and Birth Vibes author announced the couple’s separation in June after nearly 14 years of marriage. In a series of recent social media videos, Hamilton alleged that Brian had been living a “double life” and was involved in a relationship with another woman. She also claimed she later spoke with the alleged affair partner, who admitted she knew Brian was married.

According to People, North Carolina is one of only five U.S. states that still recognises alienation of affection, a civil claim that allows a spouse to sue a third party accused of intentionally contributing to the breakdown of a marriage.

Family law attorney Brett Ward told the publication that if Hamilton’s account of the conversation is accurate, it could strengthen a potential claim because the law requires proof that the third party knowingly interfered with a loving marriage. However, Ward noted that such cases remain uncommon and must be filed separately from divorce proceedings.

The attorney also pointed out that some of Hamilton’s own public statements about the state of her marriage, including comments suggesting a lack of physical affection, could be used by the defence to argue the relationship was no longer intact before the alleged affair.

Ward added that any alienation of affection lawsuit would not be against Brian Hamilton but against the alleged affair partner. While the claim could potentially influence divorce negotiations, he stressed that pursuing legal action would ultimately depend on factors including available evidence, financial considerations and Hamilton’s willingness to pursue a separate civil case.