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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In South Carolina, adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. It is considered grounds for a fault-based divorce, which means that the spouse who has been wronged by the adulterous act can file for divorce on the basis of adultery. This can have significant legal implications, as proving adultery may affect alimony, property division, and the overall outcome of the divorce proceedings. South Carolina law specifically prohibits alimony to a spouse who has committed adultery before the earliest of either the formal signing of a written property or marital settlement agreement or 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. Additionally, while South Carolina is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally, the court may take adultery into account when deciding on the division of assets, potentially leading to an unequal distribution in favor of the innocent spouse.

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Divorce

adultery

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Divorce

adultery

Articles