Sc divorce laws dating
Post-separation adultery could increase the likelihood or amount of the supporting spouse’s alimony obligation if it affected the economic circumstances of the parties or contributed to the breakup of the marriage. Finally–obviously–post-separation adultery remains a ground for divorce.No case law discusses circumstances in which a supporting spouse’s post-separation adultery affected alimony. However once a final order of separate maintenance has issued this should probably not be a concern for a client who wishes to date so long as that client does not expose his or her children to those he or she dates.At best, your infidelity can cause your spouse hurt and embarrassment.At worst, it will provoke feelings of anger and revenge, which will greatly complicate your settlement negotiations with your spouse.
“A parent’s morality, while a proper factor for consideration, is limited in its force to what relevancy it has, either directly or indirectly, to the welfare of the child.” , 343 S. Post-separation adultery can be a major factor in alimony and a small factor in property division. Code § 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.” Post-separation dating by a supported spouse often leads to an adultery claim being made by the supporting spouse, who wants to be free of the potential alimony claim.For the spouse seeking alimony, adultery can act as an absolute bar. The supported spouse can incur significant fees in defending that claim. Code § 20-3-130(C)(10) reads: In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate …Even for the supporting spouse, dating can pose a danger on alimony. (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) 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 the opinion does not discuss how it affected the family court’s award.My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date is not going to create any dating-related complications in his or her case.However my clients often want to explore new romantic relationships. However paramour exposure prior to divorce, especially overnight paramour exposure, can be a factor in custody.