A. Notwithstanding any other provision of law to the contrary, no civil action shall lie or be maintained in this Commonwealth for alienation of affection, breach of promise to marry, or criminal conversation upon which a cause of action arose or occurred on or after June 28, 1968.
§ 8.01-220.Action for alienation of affection, breach of promise, criminal conversation and seduction abolished.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-220 abolishes civil actions in Virginia for alienation of affection, breach of promise to marry, and criminal conversation for causes of action arising on or after June 28, 1968, and separately abolishes civil actions for seduction arising on or after July 1, 1974.
Full Text of § 8.01-220
B. No civil action for seduction shall lie or be maintained where the cause of action arose or accrued on or after July 1, 1974.
Plain-English Summary
This section closes the door on a cluster of old “heart-balm” torts — lawsuits that let a spouse sue a third party for alienating a husband’s or wife’s affections, let a jilted fiancé sue for breach of a promise to marry, or let a husband sue a third party for criminal conversation, meaning adultery with his wife. Subsection A abolishes all three, but only prospectively: it applies to any cause of action arising on or after June 28, 1968.
Subsection B does the same for civil seduction claims — suits over a promise-induced sexual relationship — with a later cutoff: seduction claims that arose or accrued on or after July 1, 1974, no longer support a civil suit.
Together, the two subsections reflect a mid-twentieth-century shift away from treating courtship and marital fidelity as sources of civil liability between third parties, moving those matters entirely out of tort law.
Frequently Asked Questions
What is “alienation of affection,” and can someone still sue for it in Virginia?
It was an old tort letting a spouse sue a third party, traditionally a paramour, for damaging the marital relationship. Section 8.01-220 abolished the cause of action for any claim arising on or after June 28, 1968, so it no longer exists in Virginia.
Can I sue someone for breaking off an engagement?
No. A civil action for breach of promise to marry was abolished for causes of action arising on or after June 28, 1968, alongside alienation of affection and criminal conversation.
What was “criminal conversation,” and is it still available?
Despite the name, criminal conversation was a civil tort, not a criminal charge, letting a husband sue a third party for having sexual relations with his wife. It was abolished for causes of action arising on or after June 28, 1968.
Is a seduction claim still available in Virginia?
No. Subsection B abolished civil actions for seduction where the cause of action arose or accrued on or after July 1, 1974.
Why does the date in each subsection matter?
Because the abolition is not retroactive to conduct predating those cutoff dates; the statute frames the bar in terms of when the cause of action arose, not when someone eventually files suit.
Amendment History
Code 1950, § 20-37.2; 1968, c. 716; 1974, c. 606; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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