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Adultery can have significant legal consequences during a South Carolina divorce. Unlike many states that have moved almost entirely toward no-fault divorce, South Carolina continues to recognize adultery as a fault-based ground for ending a marriage. An affair can also affect other issues, particularly alimony.
At Sarji Law Firm, we represent individuals facing divorce and other family law matters in Charleston and throughout Charleston, Berkeley, and Dorchester Counties. If adultery is an issue in your marriage, understanding what it can and cannot affect is important before deciding how to approach your divorce.
Yes. Adultery is one of the fault-based grounds for divorce recognized under South Carolina law.
South Carolina also recognizes other fault grounds, including physical cruelty, habitual drunkenness, and desertion. Spouses may alternatively pursue a no-fault divorce after living separately and apart without cohabitation for the required period.
The presence of adultery can therefore affect how a divorce proceeds.
Our Charleston family law attorneys help clients evaluate the appropriate grounds for divorce and address related issues involving alimony, property division, child custody, and support.
Alleging that your spouse had an affair is not the same as proving adultery in a South Carolina family court.
Direct evidence is not always available. People rarely have a photograph or admission establishing exactly what happened behind closed doors.
Instead, adultery may be established through circumstantial evidence.
Generally, the evidence must support both an inclination to commit adultery and an opportunity to do so.
The specific facts matter. Evidence that a spouse had a close friendship with another person may create suspicion, but suspicion alone may not be enough.
A Charleston divorce involving disputed adultery allegations can therefore become highly fact-specific.
The evidence available will depend on the circumstances of the relationship.
Potential evidence can include:
No single category of evidence automatically proves adultery.
For example, affectionate text messages might support an argument that a romantic relationship existed, while other evidence could be used to establish that the spouses had an opportunity to engage in an affair.
Evidence should also be obtained lawfully. Attempting to access password-protected accounts, secretly intercept communications, or obtain private information through improper means can create additional legal problems.
Before attempting to investigate a spouse yourself, it can be useful to speak with a Charleston family law attorney about appropriate methods of preserving evidence.
Alimony is one of the areas where adultery can have particularly serious consequences.
Under South Carolina law, a spouse who commits adultery before certain points in the divorce process may be barred from receiving alimony.
That can dramatically affect the financial issues involved in a divorce, especially when one spouse earns substantially less than the other or has been financially dependent during a long marriage.
Timing is important.
The circumstances surrounding when the alleged adultery occurred and when the spouses entered into a written property or marital settlement agreement or received a permanent order can matter.
Because the financial consequences can be substantial, allegations of adultery should be taken seriously by both spouses.
No.
Evidence that one spouse committed adultery does not automatically entitle the other spouse to alimony.
Alimony involves additional considerations under South Carolina law. Courts can consider factors such as the duration of the marriage, the spouses' ages, physical and emotional conditions, employment histories, earning potential, educational backgrounds, expenses, and other relevant circumstances.
Adultery may have an important impact, but it does not eliminate the need to evaluate the broader financial circumstances of the marriage.
For Charleston spouses facing divorce, this distinction can be important when deciding whether to litigate or negotiate support issues.
South Carolina uses equitable distribution principles when dividing marital property.
Equitable does not necessarily mean equal. The court considers statutory factors when determining how marital assets and debts should be divided.
Marital misconduct can be relevant in certain circumstances, but adultery does not automatically mean the innocent spouse receives all or even most of the marital property.
Financial conduct associated with an affair may create additional issues.
Suppose one spouse spent substantial marital funds on:
Those expenditures could become relevant when evaluating marital finances.
Bank statements, credit card records, payment applications, and other financial documents may therefore be important in a Charleston divorce involving allegations of adultery.
Having an affair does not automatically make someone an unfit parent.
South Carolina family courts focus on the best interests of the child when making custody determinations. The fact that a parent committed adultery may be less important than whether the parent's behavior affected the child or the parent's ability to provide a safe and stable environment.
For example, questions could arise if a parent exposed a child to inappropriate situations, repeatedly left the child unsupervised to pursue an affair, or involved the child directly in serious parental conflict.
The analysis remains focused on the child rather than simply punishing a spouse for marital misconduct.
Parents in Charleston should also avoid involving children in accusations about adultery. Asking children to take sides or gather information about the other parent can intensify an already difficult family situation.
Separation does not necessarily mean spouses are legally free to begin new romantic relationships.
This can surprise people who consider their marriage effectively over once they move into separate homes.
Until a divorce is finalized, beginning a sexual relationship with someone else can potentially create adultery issues.
That is particularly important in South Carolina because adultery may affect alimony.
Someone going through a separation in Charleston should therefore understand the potential legal consequences before assuming that dating or beginning a new relationship cannot affect the divorce.
Not every allegation is true.
A spouse may incorrectly interpret messages, friendships, travel, or other behavior as evidence of an affair. In a contentious divorce, adultery accusations may also be used strategically because of their potential effect on alimony.
If you are falsely accused, preserve evidence that may help explain the circumstances.
Do not delete messages or destroy records simply because you believe they look embarrassing or could be misunderstood. Destroying potentially relevant information can create additional problems.
Instead, discuss the evidence with your attorney and develop an appropriate response.
The party alleging adultery must still support the allegation with sufficient evidence.
Absolutely.
Even when a case never reaches a trial on the adultery issue, the allegation can influence settlement negotiations.
Potential consequences involving alimony, litigation expenses, financial records, and evidence can change how each spouse evaluates the risks of proceeding to court.
At the same time, emotional reactions to infidelity can make productive negotiations more difficult.
Divorce settlements should account for long-term financial and family interests rather than becoming solely focused on punishing a spouse for the breakdown of the marriage.
At Sarji Law Firm, we help Charleston clients separate the emotional issues surrounding divorce from the legal decisions that can affect their finances, property, and children for years to come.
Whether you suspect your spouse of adultery or have been accused yourself, avoid making impulsive decisions.
Instead:
Adultery can affect both the legal strategy and financial stakes of a South Carolina divorce. Understanding those consequences early can help you make more informed decisions.
Adultery can affect the grounds for divorce, alimony, financial negotiations, and other aspects of a South Carolina family law case. However, the consequences depend on the evidence and the particular circumstances of the marriage.
If you are dealing with adultery or another issue in a Charleston divorce, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
