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Elizabeth Edwards let Rielle Hunter off too easy. She should have sued the hussy for "alienation of affection."

And added "criminal conversation" for good measure.

Alienation of affection is willful and malicious interference with marriage relationships by a third party. North Carolina is one of only eight states that recognizes the right of the victim to seek compensation in court from the offender.

Progressive legislators, such as state Rep. Melanie Wade Goodwin, D-Richmond, consider it an archaic carryover from the days when a man's wife was his property, and a seducer was regarded as a thief. There have been several attempts in the General Assembly over the years to do away with it.

A proposal to do just that went nowhere this year, but Goodwin's bill modifying rules related to alienation of affection and criminal conversation (a term for adultery) is headed for final approval this week. Henceforth, an aggrieved spouse can't bring suit for behavior occurring after separation from his or her spouse. Previously, alienation of affection and criminal conversation could take place until divorce.

The change seems reasonable, but I hope the alienation of affection and criminal conversation actions survive.

In modern application, they don't have anything to do with treating a wife as property. Instead, they can protect a wife against a home-wrecking other woman.

Consider Mrs. Edwards. As she recounted in her book, "Resilience," she became physically ill when her husband, former Sen. John Edwards, confessed his affair with Hunter. No doubt plenty of cheated spouses can relate to her emotional pain, compounded for her because of her life-threatening illness.

She also has been harmed financially. Any money John Edwards lavished on Hunter, and any payments he makes to her for the support of their child (if it's theirs), comes from funds that Elizabeth Edwards and her children should be entitled to.

Beyond that, our laws should defend the sanctity of marriage. When someone sets out on a course of action he or she knows is likely to weaken or destroy a marriage, there should be a price to pay.

A marriage is a partnership, a legally binding lifetime contract between two people. If an outside party fractures a business partnership, damages can be claimed. It's no less an offense to wreck a marriage.

That's why state courts have awarded sizeable judgments, even $1 million or more, in alienation of affection cases. These actions may not get much attention, but they do happen.

Just last month, the N.C. Supreme Court ruled in one such case from Greensboro, William Lawson Brown III v. Mark P. Ellis.

Ellis, the defendant, claimed he was beyond the reach of North Carolina's alienation of affection law because he lived in California and never set foot in this state. But he had met the plaintiff's wife on business trips outside the state and stayed in touch with her by phone and e-mail when she was home with her husband and children in Guilford County, brazenly discussing their "sexual and romantic relationship." These facts were sufficient to establish "personal jurisdiction" over the defendant, the court ruled.

Elizabeth Edwards likely could demonstrate "personal jurisdiction" over Hunter, too, although any claim she might bring could be hampered by the fact that her marriage is still intact, if shakier. Of course, that could change. Then it would be fair payback to see a North Carolina jury make Hunter cough up the money John Edwards gave her.

Some critics of alienation of affection actions say they focus the blame on the third party rather than the cheating spouse. Yes, but. Who thinks John Edwards would get off light if Elizabeth filed for divorce? She could take him for most of his fortune. Alienation of affection is just a means to make the other woman pay her share, too.

Then there's the complaint that these suits are used by scorned spouses for leverage in divorce settlements. Fine. Anyway, it's up to the court to determine whether an action has merit or is merely vindictive.

Not every cheated husband or wife is a wealthy celebrity like Elizabeth Edwards. Most suffer privately, but all are vulnerable to the emotional and financial devastation unleashed when their marriage is undermined by a seductive schemer. The forsaken partner deserves a way to see that justice is done.

Without using a gun or knife, of course.

Contact Doug Clark at 373-7039 or dgclark@news-record.com.