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).
In South Carolina family court, is all social media usage discoverable?
In divorce or child custody cases, I personally don’t like issuing broad discovery requests for the opposing party’s social media usage. Until a
Once an attorney makes an appearance, that attorney can be served with the summons and complaint
If I have knowledge that a family law matter has been filed against an existing client, I will often file my notice of
Supreme Court holds Husband’s successive but timely Rule 59(e) motion stayed Wife’s time to appeal
The March 12, 2025, Supreme Court opinion in Swing v. Swing reinstated an appeal that the Court of Appeals had dismissed as untimely.
