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

The lesbians get all the breaks

Recent I took the deposition of an alleged paramour in a divorce case I am handling.  The deponent, when asked about his adultery

[ + ] Read More

Generating avenues for trial evidence from an opposing party’s discovery

While most discovery requests are routine or boilerplate, some discovery requests can offer insight into the opposing party’s thinking.  Such discovery requests provide

[ + ] Read More

Court of Appeals holds results of a penile plethysmograph (PPG) test are inadmissible as unreliable

I typically don’t blog about criminal cases and In the Matter of Shawn T. Daily may still get altered by the Court of

[ + ] Read More