Deposing alleged paramours before filing to terminate alimony

Posted Friday, September 28th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

In South Carolina even adultery that occurs during the marital dissolution litigation period is sufficient to terminate alimony.  Further adultery can be “proven” through circumstantial evidence by showing both inclination and opportunity to commit adultery.  These two facts contribute to the high utilization of private detectives in South Carolina divorce cases.

Yet even the most seemingly ironclad private investigator (PI) reports rarely lead to admissions of adultery.  Further, after any hearing on a request to terminate alimony based on alleged adultery which is primarily supported by the observations of the PI, the opposing party and the alleged paramour(s) will have access to the PI’s report.  They may then attempt to concoct explanations for their behavior that is consistent with the PI report but plausibly denies the adultery.  I call this “dancing around the holes in the PI report.”

There is a way of preventing such two-steps.  When I get a PI report, I typically notice the depositions of the alleged paramour(s) before even filing a motion to terminate alimony.  My experience is that these alleged paramours–forced to testify under the penalty of perjury and unaware of exactly what evidence my PI has uncovered–are move likely to admit the adultery than they would be if they were able to review the PI’s evidence prior to their deposition.  Further, even if such alleged paramours deny the adultery, it is much easier to catch them in outright lies if they don’t know what the PI knows.  One can use these lies at the subsequent motion to terminate alimony to bolster the adultery argument by showing the paramours have information worth hiding.

The temptation to rush in and terminate alimony as soon as one obtains a favorable PI report is hard to resist: the alimony-paying client is hemorrhaging money and wants the alimony to end ASAP.  However the risk of losing such a motion and then being less able to impeach the alleged paramours because they know what evidence they need to “dance around” to credibly deny the adultery is too significant.  One’s first act upon receiving a favorable PI report shouldn’t be moving to terminate alimony: it should be noticing the paramour(s) deposition.

4 thoughts on Deposing alleged paramours before filing to terminate alimony

  1. Does anyone really have a problem proving adultery? I have not recommended that a client use a private investigator to prove adultery in at least ten years. My experience is that most adulterers, particularly men, are so proud of themshelves that they want to show off their paramour. While women are less inclined to “rub a spouse’s nose it it,” they tend to be honest under oath. My experience is that most people are candid with the objective answers but are much less likely to admit subjective facts.

    1. Not only do I still use private investigators but my experience is that most adulterous spouses lie about their adultery even when I have pretty solid evidence such as spending the night in a hotel with something they appear to be romantically involved with.

      I have even seen pregnant women deny their adultery.

  2. Gvl reader says:

    I just had a spouse (opposing party) admit the adultery in the final hearing, and put up no defense to it. But she didn’t care about alimony and just wanted to get out of the marriage. (Her motivation to get out of the marriage also resulted in a generous settlement for my client.)

    The judge granted the divorce on adultery in a Monday hearing. The wife married her boyfriend the following Saturday. No lie.

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