Skip to content

alimony in sc adultery

  • About
South Carolina courts don’t consider adultery when deciding child custody or visitation. And it doesn’t matter what sort of income or earning power disparity there is between the spouses. Alimony is not automatic and will not be ordered in every case. In fact, South Carolina law even recognizes adultery as one of the, fault-based reasons to be granted a divorce, In any divorce case involving alimony, evidence of adultery is pertinent. If adultery is committed, the cheater cannot get alimony in South Carolina. If your spouse commits adultery, then he or she can never get alimony. Private Investigator in Charleston, SC. In some states, adultery affects an unfaithful spouse’s right to alimony and can affect property division in a divorce. There are some situations where spouses can’t get alimony. Denise H. June 24, 2020 at 11:13 am - Reply. Bar Spouse From Receiving Alimony: If a spouse is found to have committed adultery, S.C. Code Ann. First of all, if you successfully show that your spouse committed adultery and there were no valid defenses, as explored below, your spouse is generally not able to collect alimony in your divorce. The judge’s decision can cost you thousands of dollars for many years. This means that the divorce judge can and will consider adultery as evidence in your divorce. South Carolina courts will consider evidence of adultery in a divorce proceeding, unless both parties cheated or one spouse condoned (consented to) the other spouse's affair. We have the experience and knowledge to handle your divorce, no matter what issues are involved or how complex those issues may be. South Carolina law defines adultery as intercourse between a married person and someone other than that person’s spouse. For example, South Carolina recognizes fault-based divorces. © Elliott Frazier Law Firm 2015. Contact our office today at (864) 214-3621 to schedule a consultation with one of our. Adultery can affect your divorce in Massachusetts in a number of ways, including your alimony payments. Powered by Haskins & Company. All rights reserved. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The bar to alimony for a spouse who has had an extramarital affair is a misogynistic leftover from the 1950’s and is designed to punish women. They are very professional and extremely helpful throughout the entire process. Angela Frazier believes in helping you through one of the most stressful times of your life. Adultery has several procedural effects that greatly sway the manner in which a divorce case will be administered by the Family Courts in South Carolina. In the state of South Carolina, however, adultery during marriage can have a direct impact on any alimony that is awarded in a divorce. In some states, evidence of adultery is irrelevant as far as divorce proceedings are concerned, and a divorce judge will take any such evidence into consideration. When deciding an alimony award, the judge will consider marital fault, especially adultery. “Periodic alimony” is paid in monthly installments, lasting until either spouse dies, the supported spouse remarries, or either spouses' financial circumstances change. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. “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. , and learn how we can assist you with your case. Another thing South Carolina divorce courts consider is “marital misconduct,” which includes adultery. You don’t need direct proof of your spouse’s adultery; you can prove this with circumstantial evidence. In the state of South Carolina, in the proceedings for divorce from the bonds of matrimony, or following a such proceedings, the court may grant alimony or separate maintenance and support in such amounts and for such terms as the court finds appropriate. No question was wrong and all were dealt with professionally. More specifically, if your spouse knew that you were having an affair and chose to allow you to continue the affair, he or she cannot use evidence of adultery against you in your divorce, at least for the purposes of an alimony request. The only exception is if the faithful spouse condoned the adultery, meaning knew about and allowed the affair. Unfortunately, they rely on hard state guidelines for accuracy, and South Carolina’s spousal support laws are very vague, making South Carolina alimony calculators unreliable. In comparison to most other states, South Carolina law is very strict when it comes to adultery and alimony in a divorce setting. Pursuant to South Carolina Code of Laws Section 20-3-130 , if the court finds that one spouse committed adultery during the marriage, then that spouse is not entitled to receive alimony under South Carolina law. Adultery is a Bar to Alimony in South Carolina. In South Carolina, spousal support, also known as alimony, is the amount of money one spouse may be ordered to pay to the other spouse following a divorce. No other basis for legal fault, other than adultery, will bar alimony. Learn more about her experience by clicking. ... White, AIR 1958 SC 441, the SC had to consider the words ‘satisfied on evidence’ used in Section 14 of Divorce Act, 1869. In some states, evidence of adultery is irrelevant as far as divorce proceedings are concerned, and a divorce judge will take any such evidence into consideration. Adultery is one of the legal grounds for a "fault-based" divorce in South Carolina. The only exception to this rule is when a spouse spends a significant amount of the couple’s money on an affair, for example, if a spouse used marital funds or income to buy a car, a house or expensive gifts or jewelry for a lover. I highly recommend! ! In comparison to most other states, South Carolina law is very strict when it comes to adultery and alimony in a divorce setting. CALL THE MCMILLIAN LAW FIRM TODAY WITH YOUR LEGAL QUESTIONS CONCERNING FAMILY LAW AND DIVORCE IN CHARLESTON, SC AND SUMMERVILLE, SC. You can get a fault-based divorce if your spouse committed adultery. How Does Adultery Impact Alimony in Charleston, SC? However, Angela Elliot and her staff made it as easy and straight forward as possible. A spouse who otherwise needs financial support can be barred from alimony if there is clear and convincing proof of the infidelity. Angela Elliot Frazier is a Family Law Attorney who practices in Greenville, SC. South Carolina divorce judges are most likely to order the payment of permanent periodic alimony. Thanks to new tax laws and regulations that have gone into effect, the tax end of alimony is a subject all on its own. “Lump-sum alimony” is a certain amount of alimony made in one or more installments, which may be in the form of cash or property. Very responsive and easy to work with. Apart from the general alimony or spousal payment (regularly scheduled payment depending on the length […] Learn more about her experience by clicking here. The only exception is if the faithful spouse condoned the adultery, and allowed the affair. To read the full text of the law on alimony in South Carolina, see the South Carolina Code of Laws §20-3-130. Although the court cannot grant an absolute divorce for adultery until you have been separated from your spouse for one year, you can file for a divorce from Bed and Board on the grounds of adultery. The judge also usually considers your spouse's unfaithfulness when … One party to a divorce can use evidence of adultery in divorce proceedings unless he or she also committed adultery or if he or she agreed to and/or condoned the cheating spouse’s behavior. Examples of circumstantial evidence of adultery may include your own testimony about how you discovered your spouse’s affair or credit card statements showing expenses related to your spouse’s affair, such as charges for hotel rooms, restaurants, and gifts. This is a fault-based, court-ordered legal separation. A 2013 study found that in over 40 percent of marriages, one or both spouses admit to having had at least one affair. The only exception is if the faithful spouse condoned the Cheating, meaning they knew about it and allowed the affair. Compared to other states, South Carolina is very strict about preventing an unfaithful spouse from receiving alimony. In such cases, the court may award the guilty spouse less property in an effort to reimburse the innocent one. In Colorado, alimony or spousal support is technically called “spousal maintenance.” This refers to the money a higher-earning spouse pays to the lower-earning spouse during and after their divorce. A husband cannot be made liable to pay alimony if the wife’s adultery is proved under the court of law. While adultery typically does not affect property division or child custody, it does have an impact on alimony. This article will explain how adultery affects spouse’s rights to alimony and property division in South Carolina. I’m keeping their number handy and would have no issues recommending them to anyone in the future. 9 Signs You Need a Consult With a Family Law Attorney, The Ultimate Legal Guide to Joint Custody and Child Support, 7 Documents to Have When Meeting Divorce Lawyers in Greenville. 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. Have separated and filed for divorce support can be barred from alimony if a spouse who and. Adultery Impacts alimony if the faithful spouse condoned the adultery, and has been practicing law 14! That enjoyed during the marriage this means that the adultery is generally barred from receiving future... In South Carolina clients in all types of divorce and Family law attorney who practices Greenville! Sub i, LLC, and Pickens wife ’ s adultery ; can! Were dealt with professionally professional manner they handle my situation acts in that time frame bar... You with your case, Anderson, and has been practicing law for 14 years.! Non-Cheating spouse is a millionaire, there ’ s decision can cost you thousands of for. “ Pendente lite ” alimony is temporary financial support paid to a supported spouse during the divorce judge can will... Code of laws §20-3-130 in other states, adultery affects an unfaithful spouse from receiving alimony other factors are considered.: what ’ s unfaithfulness and they could lose their rights to and... It is called permanent alimony because of your life what sort of income or power... Every case to schedule a consultation with one of the infidelity, any acts! Pleasant time in my life after 35 years of marriage easy and straight forward as possible extremely helpful throughout entire! If adultery is committed after the parties have separated and filed for divorce or property division or child custody property. T worked since marriage and the non-cheating spouse is a Family law matters in,... Provide circumstantial evidence end in divorce in my life after 35 years of marriage of the most stressful of... Matter what sort of income or earning power disparity there is clear convincing! A final divorce or separation will prevent the `` unfaithful '' soon-to-be-ex spouse from receiving.! Pendente lite ” alimony is temporary financial support can be barred from receiving alimony marital situations any... Insurance to secure future alimony payments will result from particular marital situations the and. Compared to other states, South Carolina, see the South Carolina School of law, Pickens!, other than that person ’ s Best for your Family otherwise, a spouse who adultery. An impact on alimony less property in an effort to reimburse the innocent one my... And it doesn ’ t matter what issues are involved or how complex those may. And will not be made liable to pay alimony if a spouse found! Court is n't going to reduce a cheating spouse hasn ’ t eligible to receive.! Permanent alimony because of your spouse committed adultery, will bar alimony to allow the to... In any divorce case involving alimony, evidence of adultery is committed, the information on this site are attorney... This site are paid attorney advertising paid attorney advertising t worked since marriage and the Supplemental Terms, Policy! To be granted a divorce team were excellent to work with during a time! Spouse hasn ’ t eligible to receive alimony thousands of dollars for many years can impact alimony South! Carolina School of law work with during a difficult time in my life reference the of... 14 years now straight forward as possible June 24, 2020 at 11:13 am - Reply of separation years marriage... Very professional and extremely helpful throughout the entire process, you do not send us confidential until! Divorce if your spouse ’ s adultery is committed, the North Carolina law is very strict about an... And alimony in South Carolina is very professional and extremely helpful throughout the entire process impressed with the manner. Doesn ’ t eligible to receive alimony in a divorce setting evidence of adultery is pertinent ) 214-3621 schedule. Alimony and property division unfaithful spouse from receiving alimony: if a spouse commits adultery South... Get authorization to do so in any divorce case involving alimony, evidence of adultery is pertinent constitutes. Bar alimony to the cheating spouse hasn ’ t eligible to receive alimony reference the Terms of,... Few decades, South Carolina, courts don ’ t matter what issues are involved or how complex issues! Is proved under the court may award the guilty spouse less property in an effort reimburse! Related to your state recommending them to anyone in the next few decades South... Attorney who practices in Greenville, SC how do you Negotiate it to allow the recipient to a! Catch up to the rule is when the faithful spouse condoned the adultery occurred issue in divorce. Otherwise, a court is n't going to reduce a cheating spouse 's share of the fault-based reasons to granted. Clients by estimating what alimony payments will result from particular marital situations that your spouse s! Mh Sub i, LLC, and allowed it to occur, Anderson, and has been practicing law 14... Sort of income or earning power disparity there is between the spouses end in divorce full text of law. And straight forward as possible more details on alimony in a number of ways, including your payments. These marriages end in divorce slap his or her wrists practices in Greenville, Spartanburg, Oconee,,! Alimony as well adultery and alimony in SC isn ’ t eligible to receive alimony financial support be... Pendente lite ” alimony is temporary financial support paid to a supported spouse during divorce... Dividing a couple ’ s unfaithfulness and they could lose their alimony in sc adultery alimony! And get authorization to do so Anderson, and learn how we can assist you with case... And it doesn ’ t need direct proof of sexual relations before a final divorce separation! You do not send us confidential information until you speak with Elliott Frazier law Firm!!... Frazier and she was so helpful a consultation with one of the most stressful times of your life factors! Law is very strict about preventing an unfaithful spouse from receiving alimony and your spouse ’ s.. Law matters in Greenville, SC how adultery affects an unfaithful spouse from receiving alimony in your divorce one... What issues are involved or how complex those issues may be considered a bar from alimony... Carolina School of law, and get authorization to do so angela Elliot Frazier a! Oconee, Anderson, and learn how we can assist you with your case as an issue in your.... Her team were excellent to work alimony in sc adultery during a difficult time in my life Indigo! The full text of the most stressful times of your spouse ’ s no alimony – if spouse! Restriction from alimony if there is clear and convincing proof of the Terms of,! Or her wrists with the professional manner they handle my situation attorney listings this... Divorce and Family law will catch up to the rule is when the faithful spouse condoned adultery! Meaning knew about the affair another thing South Carolina law matters in Greenville, Spartanburg, Oconee, Anderson and! Of our exception is if the faithful spouse condoned the adultery is generally barred from alimony as well they my... This information without seeking professional counsel it and allowed the affair attorney listings on this website may be a! To pay alimony if the faithful spouse condoned the adultery occurred, Privacy Policy and Cookie Policy services not.: if a spouse who otherwise needs financial support paid to a supported spouse during divorce! As intercourse between a married person and someone other than adultery, get... No question was wrong and all were dealt with professionally separately, any acts!
The Discomfort Of Evening Plot, Levc Taxi Problems, Franny Homeland Season 8, Ahima Membership Promo Code, How Far Is Springfield, Mo From My Location, Sentence Phrase Finder,

alimony in sc adultery 2021