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August 2009

Alimony/Spousal Support

August 31st, 2009

Supreme Court holds that waiver of adultery’s bar to alimony does not violate public policy

The South Carolina Supreme Court decision in Eason v. Eason, 384 S.C. 473, 682 S.E.2d 804 (2009) corrects an obvious injustice, holding that a written agreement between separated spouses to not use adultery as a bar to entitlement to alimony is enforceable and not a violation of public policy.  Given that South Carolina statutory law already provides […]
Of Interest to Family Court Litigants

August 27th, 2009

Does procedural due process mandate testimony at family court temporary hearings in South Carolina?

On October 1, 2025, South Carolina implemented a new version of Rule 21, SCRFC, that addressed the flaws noted in temporary hearing procedure noted in this blog.  The new rule still makes testimony at temporary hearings the exception and not the rule. Our Supreme Court is confused and conflicted on testimony at family court temporary […]
Of Interest to Family Court Litigants

August 27th, 2009

Can the logic justifying property division and alimony in South Carolina be reconciled (or if x=y, why doesn’t -x=-y)?

South Carolina is not a community property state (in community property states all marital property is divided equally).  However, in practice, with long-term marriages the family courts start with a presumption of a 50/50 division of marital assets and adjust that division slightly based on factors such as fault or third-party contributions to the marital […]

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