How Does Adultery Impact Alimony in Charleston?
A spouse who commits adultery in South Carolina isn’t eligible to receive alimony. 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. A spouse who otherwise needs financial support can be barred from alimony if there is clear and convincing proof of the infidelity.
Also unlike many other states, in South Carolina, spouses that live separately while their divorce is pending can’t have sexual intercourse with other people until the divorce or formal separation is final. Proof of sexual relations before a final divorce or separation will prevent the “unfaithful” soon-to-be-ex spouse from receiving any future alimony.
You don’t need direct proof of your spouse’s adultery; you can prove this with circumstantial evidence. 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.
Private Investigator Charleston, SC
This is not meant as legal advice. Please consult with an attorney when making any important legal decision.