A spouse’s adultery is generally an absolute bar to alimony.  See S.C. Code Ann. § 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.”).

However, adultery that has been condonedconditionally forgiven–or is the result of connivance, does not act as a bar to an award of alimony. Recrimination, the defense that both parties are guilty of the same fault-divorce ground, does not remove adultery’s bar to alimony. See, Spires v. Spires, 296 S.C. 422, 373 S.E.2d 698 (Ct. App. 1988).

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Recent Blog Posts

Court of Appeals affirms Mother can be held in contempt for publishing book critical of Father

The March 5, 2025, Court of Appeals opinion in Clark v. Clark, 446 S.C. 909, 17 S.E.2d 917 (Ct. App. 2025), affirms the

[ + ] Read More

The wrong times to be starting marital or custody litigation

One of my earliest blogs addressed the idea that the family court only has jurisdiction over a child’s custody for a period of

[ + ] Read More

Don’t ask your attorney to alter his or her preparation procedure

Every trial lawyer with even a few years of practice develops set procedures to prepare for hearings and trial. In my case there

[ + ] Read More