After a North Carolina jury awarded $9 million to a jilted wife in what may be the largest verdict ever in an alienation of affections case, her husband said they had “significant problems” in their marriage for years and she should “take responsibility for her own mistakes.”

Allan Shackelford

The Guilford County District Court jury returned a verdict this week in favor of Cynthia Shackelford, finding her husband's lover, college administrator Anne Lundquist, liable for alienating his affections from her. The Shackelfords separated in 2005 but she alleged they were still in love when Lundquist broke up the marriage.

North Carolina is one of only seven states that continues to allow plaintiffs to recover damages for sexual indiscretions, a remedy dating back to times when wives were considered property. The damages awarded to Cynthia Shackelford are a quantum leap above any previous award in an alienation of affections case.

Allan D. Shackelford, a Clarksdale, Miss., attorney, was not a party to the case but he has used the website of the News-Record newspaper of Greensboro, N.C., to express his views about a verdict that compensates his wife for his adultery — by punishing his lover.

In one extraordinary posting, he admitted having “numerous affairs going back to the first two years” of his marriage. “Cynthia Shackelford told Allan Shackelford,” he continued, referring to himself in the third person,

that she wanted to divorce him at least two years before he began a relationship with Anne Lundquist. Their marriage did not break up because of Anne Lundquist. It ended because of the problems that Allan Shackelford and Cynthia Shackelford created for themselves. But Cynthia Shackelford was never prepared to look in the mirror and take responsibility for her own mistakes.

The posting was not well-received by some News-Record readers, including one who identified herself as the Shackelfords' daughter. “Allan Shackelford emotionally and financially abandoned his entire family for the last five years,” she said. “I do appreciate you clarifying your number of affairs, as I now know you are an even bigger dirtbag than I previously thought. You are the one that needs to take a look in the mirror.”

Another reader suggested to Allan Shackelford that he “take responsibility for your own past choices. Ms. Lundquist would not be in this position [of financial ruin] if you had left a relationship that had suffered such significant and irreparable damage.”

The jury's verdict followed a two-day trial at which Lundquist, who was representing herself, did not appear. She said she would appeal because the judge did not give her enough notice about when the case was going to trial and did not grant her a continuance to prepare.

“I’m so caught off guard by everything,” Lundquist, now dean of students at Wells College in Aurora, N.Y., told the News-Record. “I don’t have a lot of money, so where this $9 million comes from is kind of hysterical.”

On Point could find nothing close to the award — the previous high for an alienation of affections plaintiff in North Carolina was $1.4 million (see table). “We would like for people to respect the sanctity of marriage,” Cynthia Shackelford said. “We wanted a number high enough that it would keep other people from ... going after other married spouses.”

The North Carolina Supreme Court refused to abolish alienation of affection actions in 1985 and the last legislative attempt to remove them from the books failed in 2003. But hopefully, the Shackleford case will provide an opportunity for the state's appeals courts to reconsider whether, in the 21st century, a third party should be held liable for the breakup of a marriage.

Allan Shackelford, whose specialties include family law, met Lundquist while he was providing legal services for Guilford College, a private school in Greensboro where she was working as dean of students. His divorce from Cynthia Shackelford is still pending.

By Matthew Heller
3/21/10