My spouse committed adultery; will he/she have to pay alimony?  How do I prove adultery?  How will adultery affect my case?

You do not automatically receive alimony if your spouse commits adultery, but it is a factor in the Court’s determination.  On the other hand, it is important to note that committing adultery is an absolute bar to receiving alimony.

In order to prove adultery, you do not have to “catch” your spouse in the act.  Instead, the Courts in South Carolina require only that you have evidence of of inclination and opportunity.  Evidence of inclination often includes text or social media messages arranging to meet or expressing their feelings for one another. Opportunity simply refers to the opportunity to be intimate and can include a private meeting behind closed doors or not coming home. Some clients choose to hire a private investigator to get proper evidence of opportunity.

You automatically forfeit any alimony awards if you are convicted of adultery. Furthermore, committing adultery may also affect division of assets and debts, as well as custody and visitation awards. Adultery is regarded as dishonest, and the Courts do consider this when making determinations.

Please remember that each divorce case is unique and the information discussed above can often affected by a number of factors.  Therefore, do not take this blog as legal advice and be sure to consult with an attorney.

If you have any questions about divorce, child custody, or family law in general, we urge you to contact us.  In order to be flexible and convenient, we have open office hours, and easy appointment scheduling. Contact us today and schedule your confidential consultation.

Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.