Does Adultery Affect Alimony ...

Does Adultery Affect Alimony in a South Carolina Divorce?

If your marriage has been affected by cheating, you may be wondering if adultery can affect alimony in a South Carolina divorce, and reasonably so. Each state handles divorce issues differently. In some states, adultery will affect an adulterous spouse's ability to receive alimony and can have a bearing on property division.

In other states, family law judges and courts will refuse to hear any such evidence. Here, we will discuss how adultery affects alimony and property division in South Carolina.

Can cheating affect divorce in South Carolina?

South Carolina law defines "adultery" as sexual intercourse between a married person and someone who isn't their spouse. South Carolina is one of the states that considers adultery as a legal ground for a "fault-based" divorce.

Unlike states such as California and Nevada, South Carolina courts will consider evidence of cheating in a divorce proceeding. Adultery evidence can be used unless both of the spouses cheated at some point, or the faithful spouse condoned the other spouse's encounter or affair.

While adultery can impact alimony in South Carolina, it typically does not affect child custody or property division.

How Adultery Impacts Alimony

If a spouse commits adultery in South Carolina, he or she is not eligible to receive alimony. The only exception to the rule is when the faithful spouse knew about the affair and allowed it to occur.

Compared to most states, South Carolina is rather strict about preventing unfaithful spouses from receiving alimony that they would otherwise be entitled to. Even if a spouse needs the financial support, they can be barred from receiving alimony if there is clear and convincing evidence of infidelity.

Unlike many other states, in South Carolina, spouses who enter into sexual relationships with other people while they're separated are frowned upon. This means that even if a married couple is living separately, they cannot have sexual relations with other people before their divorce is finalized.

If it can be proven that a separated spouse had sexual relations before the divorce, he or she can be barred from receiving any alimony.

The courts don't require direct proof of a spouse's infidelity; it can be proven with circumstantial evidence.

If you have further questions about adultery and divorce, contact a Columbia divorce attorney at Masella Law Firm, P.A. Protect yourself with over 20 years of legal experience!

Fill out our case evaluation form today – we look forward to assisting you!

Categories: Alimony

Make a Payment

Click here to be taken to our secure payment page

Pay Now

Contact Us Today

Email Us Your Information

Contact Masella Law Firm, P.A. today to receive your initial consultation.

Name:
Email:
Phone:
Please Choose:
Message:

Meet Our Team

Our Attorneys

Practicing Since 1998
Our firm comprises dedicated attorneys who are experienced in state and federal courts.

Read Our Profiles

Why Choose Us?

  • Prompt & professional
  • We fight every fight
  • Highly reccomended by past clients

What Are You Waiting For?

Don’t leave your future in jeopardy. Contact our firm for a consultation!

Case Evaluation
Unquestionable First Choice Mr. Masella is the embodiment of professionalism. My DUI case was particularly difficult and it would have been easy for him to simply turn me away. He did not, and I will be eternally grateful for his superior representation. For as long as I lived in Columbia, I have recommended him to every person who has ever told me that they needed a criminal lawyer, because there is simply no other option if you want the best possible results. Because of him, I was inspired to pursue a career in law, and will be receiving a juris doctor degree from the University of Maryland in only a few short weeks. I hope I can one day serve clients the same way he served me.