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Alienation of affection actions in Australia stopped being good law since 1975, with the passing of the Family Law Act 1975.cite-ref-2[2] In the new system, outlined by the statute, there exists a fault-less ground of divorce, and that is irretrievable breakdown of a marriage, which is evidenced by 12 months of separation. Spousal behaviour though, can be a consideration a court may take into account during a property settlement.

The Supreme Court of Canada held that alienation of affection and the related tort cause of action for "criminal conversation" was not available as a cause of action in the year 1962 in the case of Kungl v. Schiefer, S.C.R. 443.cite-ref-3[3] The basis for the claim by the party suing in an Ontario case had been that Canada incorporated by reference the law of England as of the year 1792, but the Supreme Court of Canada held that England did not recognize that tort in the year 1792, so it was not a part of the law of Canada.

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