Former Panther Steve Smith Sr. facing 'alienation of affection' lawsuit following alleged affair

CHARLOTTE, N.C. (WTVD) -- Former Carolina Panthers football player Steve Smith Sr. is facing an alienation of affection lawsuit after allegations of an affair with a man's wife, our newsgathering partners the News & Observer (N&O) reports.

North Carolina is one of six states with a "homewrecker law", which allows the spouse to sue a third party who allegedly interfered with their marriage and caused the couple to separate or divorce. According to the N&O, these lawsuits aim to prove that the interfering person -- also known as "the homewrecker" -- shifted affection away from the suing spouse in what was a loving and affectionate marriage.

The man who is suing Smith, Antonio Martinez, accused him of being involved in a months-long affair with his wife, a Baltimore Ravens marching band member.

According to the lawsuit, Martinez is asking for more than $100,000 and alleges alienation of affection, intentional infliction of emotional distress, negligent infliction of emotional distress, punitive damages, and attorney's fees.

The lawsuit was filed in North Carolina because Smith allegedly sent most of the text messages to Martinez's wife from North Carolina, the N&O said.

Smith has lived in North Carolina with his wife and family for more than 15 years.

According to the N&O, to dismiss alienation of affection cases, defendants typically must prove there was no genuine love and affection in the disrupted marriage.

The law has previously been called misogynistic by the North Carolina Court of Appeals; however, despite the law seeming to be outdated, some cases continue to be filed and won.

In 2017, a judge in North Carolina's top appellate court wrote that the law was "born out of misogyny" but stated that it remained constitutional under state law.