Jen Hamilton has recently opened up online about the end of her marriage, but there’s a chance that her divorce could be far more legally complex than expected.
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Brett Ward, a partner in Blank Rome’s Matrimonial & Family Law Group and co-chair of the firm’s litigation department, breaks down what goes into an alienation of affection case and how pursuing it could impact the way Jen and Brian’s breakup unfolds in court.
What is alienation of affection?
Alienation of affection is a civil tort that allows individuals to sue another for intentionally spurring the end of a marriage. The concept previously made headlines earlier this year, when TikToker Brenay Kennard was ordered to pay $1.75 million in damages to her husband’s ex-wife. At the time, Ward explained how rare alienation of affection cases are even in North Carolina, Utah, Mississippi, South Dakota and Hawaii, the five states where it’s still allowed.
The law has steadily trended away from having such matters brought before a court, Ward told PEOPLE, especially now that every state has “no-fault laws” which allow people to get divorced without proving adultery. “Almost every state legislature where there is alienation of affection has made efforts to abolish these civil remedies,” he noted.
There is a somewhat similar area still in existence more nationally, which is known as intentional infliction of emotional distress. However, the doctrine is very limited, said Ward, because individuals need to prove “extreme and outrageous conduct.” The vast majority of states have determined that affairs don’t fall under that category, save for some exceptions.
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"Jen Hamilton Lives in an Alienation of Affection State. What Could That Mean for Her Divorce?" by Zoey Lyttle was published in People on July 30, 2026.