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 condoned–conditionally 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).
Don’t forget the “why” questions
I’ve recently been preparing for a number of custody trials while also working on a number of appeals I’ve inherited from trial counsel.
Do you prefer pop quizzes or open book exams?
A sizable minority of my clients still prefer the telephone over email to get their questions answered. I certainly understand the desire of
In contested custody litigation, there’s no downside to kindness
One of the quickest, easiest, and most effective “fixes” I can counsel my clients to do in contested custody litigation is to be
