If you have additional questions about the rights of an unfaithful spouse in a South Carolina divorce, you should contact a local family law attorney. CALL THE MCMILLIAN LAW FIRM TODAY WITH YOUR LEGAL QUESTIONS CONCERNING FAMILY LAW AND DIVORCE IN CHARLESTON, SC AND SUMMERVILLE, SC. Alimony laws are set up to protect the disadvantaged spouse in that case. A spouse who commits adultery in South Carolina isn’t eligible to receive alimony. Courts may also require the paying spouse to buy life insurance to secure future alimony payments. What Is Alimony and How Do You Negotiate It? Taxes. When deciding an alimony award, the judge will consider marital fault, especially adultery. A 2013 study found that in over 40 percent of marriages, one or both spouses admit to having had at least one affair. any other factors the court believes is relevant. This restriction from alimony also covers periods of separation. South Carolina courts don’t consider adultery when deciding child custody or visitation. A cheating spouse is not entitled to alimony. This is a fault-based, court-ordered legal separation. Not a pleasant time in my life after 35 years of marriage. South Carolina law prohibits alimony to spouses who committed adultery before the formal signing of a written property or marital settlement agreement or before a permanent order of separate maintenance and support. No other basis for legal fault, other than adultery, will bar alimony. That is, you don’t need to get your spouse to admit that he or she committed adultery during your marriage, or force your ex’s new significant other to testify about their sexual relations. Went in for a consultation and was real impressed with the professional manner they handle my situation. If a spouse gets caught in adultery, that spouse is “barred” (permanently prevented) from receiving alimony from the other spouse. A spouse who otherwise needs financial support can be barred from alimony if there is clear and convincing proof of the infidelity. If this happens in your divorce case, the supporting spouse will have to make ongoing payments (usually every month) to the supported spouse for a lengthy period of time. “Rehabilitative alimony” may be periodic or in a lump-sum, but is awarded when the court wants to give a supported spouse some time to complete job training or education and become self-sufficient. Contact our office today at (864) 214-3621 to schedule a consultation with one of our. You don’t need direct proof of your spouse’s adultery; you can prove this with circumstantial evidence. A spouse who commits adultery in South Carolina isn’t eligible to receive alimony. In any divorce case involving alimony, evidence of adultery is pertinent. Adultery is one of the legal grounds for a "fault-based" divorce in South Carolina. Alimony or support may be ordered for a definite or indefinite amount of time. An alimony calculator is meant to assist lawyers and their clients by estimating what alimony payments will result from particular marital situations. Private Investigator in Charleston, SC. You can get a fault-based divorce if your spouse committed adultery. - If you can prove your spouse committed adultery, this is a fault based ground for divorce and there is no one year waiting period to get a final divorce. Compared to other states, South Carolina is very strict about preventing an unfaithful spouse from receiving alimony. In some states, the information on this website may be considered a lawyer referral service. To read the full text of the law on alimony in South Carolina, see the South Carolina Code of Laws §20-3-130. If your spouse commits adultery, then he or she can never get alimony. South Carolina law defines adultery as intercourse between a married person and someone other than that person’s spouse. 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. The judge also usually considers your spouse's unfaithfulness when … The only exception is if the faithful spouse condoned the adultery, meaning knew about and allowed the affair. “Periodic alimony” is paid in monthly installments, lasting until either spouse dies, the supported spouse remarries, or either spouses' financial circumstances change. SC Code Section 20-3-130(A) says that no alimony will be awarded to a spouse who commits adultery, if the adultery happens before: The signing of a written separation or settlement agreement or The entry of a permanent order of separate support and maintenance. “Pendente lite” alimony is temporary financial support paid to a supported spouse during the divorce case itself. 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. Under South Carolina law, “adultery” refers to sexual intercourse between a married person and another individual who is not his or her spouse. No question was wrong and all were dealt with professionally. § 20-3-130(A) (“No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.”). You could receive more alimony because of your spouse’s unfaithfulness and they could lose their rights to any alimony. This case is a perfect example for why we need to reform our divorce laws in South Carolina. The state passed the Alimony Reforms Act in 2011, under which now MA courts can award different types of alimony, depending on the situation. 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. In some states, adultery affects an unfaithful spouse’s right to alimony and can affect property division in a divorce. Do not send us confidential information until you speak with Elliott Frazier Law Firm, LLC, and get authorization to do so. 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. 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. © Elliott Frazier Law Firm 2015. Fantastic people to have on your side. Divorce vs Legal Separation: What’s Best for Your Family? As divorce attorneys in Charleston, SC, ... Plus, adultery can impact alimony, equitable division of property, and the payment of attorney’s fees. How Does Adultery Impact Alimony in Charleston, SC? The most significant impact of adultery on a divorce agreement in South Carolina is that it may prevent the unfaithful spouse from receiving alimony or support as part of the divorce agreement. This means that the divorce judge can and will consider adultery as evidence in your divorce. South Carolina has several types of alimony. I would have no hesitation in referring this law firm under any circumstances. This information is not intended to create, and receipt of it does not constitute or create, an attorney-client relationship between this Firm and/or any lawyer in this Firm with any reader or recipient of this information. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. The attorney listings on this site are paid attorney advertising. §20-3-130 clearly states the adultery will be considered a bar from receiving alimony … No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. I worked alot with Jessica Dillard. We have the experience and knowledge to handle your divorce, no matter what issues are involved or how complex those issues may be. Another thing South Carolina divorce courts consider is “marital misconduct,” which includes adultery. A spouse who commits adultery in SC isn’t eligible to receive alimony. NO ALIMONY! Angela Elliot Frazier is a Family Law Attorney who practices in Greenville, SC. ... 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