Can Adultery Affect Divorce Terms in South Carolina?

It’s no secret that an affair can destroy a marriage, but states vary widely as to what impact cheating should have on divorce terms. Some states generally overlook marital misconduct and use other factors to decide parenting and financial arrangements. In South Carolina however, adultery can significantly influence the terms and proceedings of a divorce. 

South Carolina allows for both no-fault and fault-based divorces, with adultery being a prominent fault ground. As no-fault divorce requires a one-year separation, seeking to dissolve your marriage based on adultery or another specified fault ground can expedite the proceedings. On the other hand, the spouse alleging adultery must prove it in court, which can make the legal process more complicated. Even demonstrating that an affair occurred might not be sufficient. If a lengthy amount of time passes between the adultery and divorce filing, it might be argued that the spouse making the allegation accepted what happened. Judges are also wary of situations where a couple might conjure an adultery claim in order to bypass the no-fault waiting period. 

One of the most significant effects of adultery in a South Carolina divorce pertains to alimony. State law expressly prohibits awarding alimony to a spouse who commits adultery before a formal separation or the signing of a property settlement agreement. This is based on a rationale that a cheating husband or wife should not gain a financial benefit if their infidelity ended their marriage.  

Adultery can also influence the disposition of marital assets. Under South Carolina’s equitable distribution law, spousal misconduct is a factor to be considered by judges dividing marital property. A spouse’s adultery may tilt the scales in favor of the non-offending party when dividing assets, particularly if the misconduct had financial implications for the marital estate, such as household funds used to entertain a boyfriend or girlfriend.

Parents who stray from their spouses hopefully do not let their actions affect their relationship with their children. However, if a mother or father is sharing living quarters with a new partner who poses a potential danger to their child due to a history of domestic violence, substance abuse or some other reason, that could be reflected in a custody order. 

McManaway Law, LLC in Greenville protects the interests of Upstate South Carolina clients in all types of divorces, including those that result from adultery. For a consultation, please call 864-428-8912 or contact me online.