While adultery typically does not affect property division or child custody, it does have an impact on alimony. “Pendente lite” alimony is temporary financial support paid to a supported spouse during the divorce case itself.
“Periodic alimony” is paid in monthly installments, lasting until either spouse dies, the supported spouse remarries, or either spouses' financial circumstances change.
“Reimbursement alimony” is awarded when the court believes one spouse should reimburse the other for things paid for during the marriage, such as an education or job training.
For example, a South Carolina court found that adultery was proven when a wife admitted that she secretly met with another man (not her husband) in a parking lot and engaged in sexual activities with him several times during the marriage.
Although adulterers can't receive alimony in South Carolina, courts don’t generally consider adultery when dividing a couple’s property.
You’ve moved out, gotten your own place, and you’re starting to think about moving on with your life.
You’re starting to notice other people when you go out and want someone to spend time with, someone who appreciates your company. While this may sound like a good idea, there are several problems to consider.
If you have additional questions about how adultery affects your rights during a divorce in South Carolina, you should speak with an experienced family law attorney in your area.
To read the full text of the law on alimony in South Carolina, see the South Carolina Code of Laws §20-3-130.
The only exception is if the faithful spouse condoned the adultery, meaning knew about and allowed the affair.
Compared to other states, South Carolina is very strict about preventing an unfaithful spouse from receiving alimony.
For more details on alimony in South Carolina, read Understanding and Calculating Alimony in South Carolina.
A spouse who commits adultery in South Carolina isn’t eligible to receive alimony.
This article will explain how adultery affects spouse’s rights to alimony and property division in South Carolina.