[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/can-adultery-affect-divorce-terms-in-south-carolina\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/can-adultery-affect-divorce-terms-in-south-carolina\/","headline":"Can Adultery Affect Divorce Terms in South Carolina?","name":"Can Adultery Affect Divorce Terms in South Carolina?","description":"Not only can adultery lead to the end of a marriage, but in South Carolina, it can affect how a subsequent divorce plays out. To begin with, adultery is one of the accepted grounds for a fault-based divorce in the state, according to S.C. Code Ann. \u00a7 20-3-10....","datePublished":"2026-10-29","dateModified":"2026-11-04","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/#Person","name":"Jim Tucker","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/adultery-divorce.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/adultery-divorce.jpeg","height":174,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/can-adultery-affect-divorce-terms-in-south-carolina\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0","name":"South Carolina Divorce Law - McKinney, Tucker & Lemel LLC.","description":"For more information, please visit: https:\/\/www.mtllawfirm.com\/family-lawyers\/divorce\/\n\nMcKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/default.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/maxresdefault.jpg"],"uploadDate":"2024-06-05T17:29:51+00:00","duration":"PT2M38S","embedUrl":"https:\/\/www.youtube.com\/embed\/-ZYC1ZcXip0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":82}]]},"commentCount":"1","about":["Divorce"],"wordCount":1135,"articleBody":"Not only can adultery lead to the end of a marriage, but in South Carolina, it can affect how a subsequent divorce plays out.To begin with, adultery is one of the accepted grounds for a fault-based divorce in the state, according to S.C. Code Ann. \u00a7 20-3-10. Fault-based divorces are not subject to the same one-year separation period as a no-fault divorce. In other words, if your spouse was cheating on you, you can file for a fault-based divorce right away, rather than having to wait a year like you would if you pursued a no-fault divorce.Marital infidelity can also affect the terms of a divorce, even when it is not the grounds for the divorce. South Carolina law forbids the awarding of alimony to a spouse who commits adultery before their divorce is finalized. Adultery can also affect how property is divided, particularly if it also led to financial misconduct.Can Adultery Affect Divorce Terms in South Carolina?Yes. Here are some ways adultery can affect divorce terms in South Carolina:Alimony \u2013 South Carolina law under S.C. Code Ann. \u00a7 20-3-130 bars an alimony award to a spouse who commits adultery before a marital settlement agreement is signed or the court enters a permanent order. A court may also consider adultery when deciding how much alimony to award to a spouse who would otherwise be entitled to receive it.Property division \u2013 State law under S.C. Code Ann. \u00a7 20-3-620 also instructs courts to consider misconduct when deciding how to divide marital property between the spouses, provided the misconduct contributed to the breakdown of the marriage. It applies even when the misconduct is not the grounds for the divorce.Attorney\u2019s fees \u2013 S.C. Code Ann. \u00a7 20-3-130(H) allows the court to order one spouse to pay the other spouse\u2019s attorney\u2019s fees and litigation fees if the first spouse\u2019s misconduct was a factor in the divorce.Adultery alone generally will not affect a spouse\u2019s rights to child custody or visitation. Rather, South Carolina courts make custody and visitation decisions based on the best interests of the child. The standard considers the child\u2019s safety, happiness, and overall well-being. A court will consider whether a parent\u2019s infidelity has affected their ability to provide a stable and healthy home for the child before it denies a parent\u2019s rights to custody of the child.\ufeffWhen Does Adultery Affect Alimony?There are several circumstances in which marital infidelity can affect alimony in South Carolina. State law forbids a court from awarding alimony in circumstances when the spouse who would otherwise receive it has committed adultery before the earlier of the following:The official signing of a written agreement for a marital or property settlementA court\u2019s entry of a permanent order of separate maintenance and support, or a permanent order approving a marital or property settlementThe bar applies even when the spouse would otherwise qualify for support based on their income, their earning capacity, or the length of the marriage.A divorcing spouse\u2019s new relationship does not become legally safe simply because they moved out of the marital home or began a separation. A sexual relationship can still qualify as adulterous until either of the above conditions has been met.Adultery may also affect alimony in the other direction when the spouse ordered to pay alimony has been unfaithful. A court may weigh that spouse\u2019s infidelity alongside other statutory factors when determining how much alimony to award. However, adultery on the part of the paying spouse does not automatically require the court to issue a decree for alimony or increase how much it otherwise would award by a specific amount.The case of Spires v. Spires (1988) established a precedent for alimony awards in cases where both spouses had committed adultery. The wife argued that the court should still award alimony under a defense of recrimination. The South Carolina Court of Appeals ruled against the wife, holding that one spouse\u2019s violation of the law does not allow the other spouse to violate it as well.Can Adultery Affect Property Division?Adultery can also affect how property is divided, but it does not automatically entitle the innocent spouse to more of the marital assets than the cheating spouse. South Carolina courts must divide marital property equitably, which means fairly based on the circumstances, rather than absolutely equally.A judge may consider one spouse\u2019s adultery if it contributed to the marriage\u2019s breakdown or affected the parties\u2019 financial circumstances. Adultery\u2019s financial impact may be especially relevant if the unfaithful spouse used marital funds to pay for gifts, travel, hotels, housing, or other expenses related to the affair. The court may account for this spending when determining a fair division of remaining property.Does Adultery Affect Child Custody?A parent does not automatically lose custody or visitation rights to their child simply because they were unfaithful to the child\u2019s other parent. Custody arrangements are not meant to punish a parent for marital misconduct. Rather, courts make decisions based on the best interests of the child, a legal standard meaning what the court thinks would best support the child\u2019s overall well-being, safety, and happiness.A court may decide that an affair has a bearing on the child\u2019s best interests if it believes the affair reflects a parent\u2019s ability to provide the child with a safe, stable home life, such as when the parent:Exposed the child to inappropriate situationsNeglected parenting responsibilitiesDisrupted the child\u2019s routinePlaced the child around someone who presented a safety concernUnless the affair had a meaningfully negative impact on the child\u2019s well-being, it should not affect the parent\u2019s legal rights.How Is Adultery Proven in South Carolina?The legal standard for proving adultery was established in the 1987 court case Hartley v. Hartley. In it, the Court of Appeals held that a finding of adultery is allowed when:A spouse had a romantic or sexual desire toward another personThe spouse and that other person had the opportunity to act on that desireEstablishing these two points will take evidence such as:Phone recordsTexts and direct messages between the partiesPhotographs or videosWitness testimonyActive dating profilesFinancial records of hotel bookings or giftsContact a Rock Hill Divorce LawyerAre you anticipating divorce proceedings and wondering about how adultery in South Carolina could affect the outcome? The law firm of McKinney, Tucker & Lemel LLC can provide you with the help and guidance you need during this challenging time.Contact us today to speak with a divorce lawyer in Rock Hill. Our experienced family law attorneys are ready to discuss your situation during a confidential consultation.    "},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can Adultery Affect Divorce Terms in South Carolina?","item":"https:\/\/www.mtllawfirm.com\/blog\/can-adultery-affect-divorce-terms-in-south-carolina\/#breadcrumbitem"}]}]