Adultery changes everything in a South Carolina divorce. Beyond the emotional damage, it carries serious legal consequences. One of the most significant is its impact on alimony. Under S.C. Code § 20-3-130(A), a spouse who commits adultery may lose the right to receive spousal support entirely. This rule applies even when the cheating spouse would otherwise qualify for financial help after the divorce.
If you are going through a divorce that involves adultery, you need to understand how this law works. The timing of the affair matters. The type of evidence you gather makes a difference. Whether you are the paying spouse or the spouse who was betrayed, knowing your rights can shape the outcome of your case.
The Adultery Bar: South Carolina’s Strict Rule
South Carolina law takes a firm position on adultery and alimony. The statute states that no alimony may be awarded to a spouse who commits adultery. This bar applies as long as the affair took place before the earlier of two events. The first event is the formal signing of a written property or marital settlement agreement. The second event is the entry of a permanent order of separate maintenance and support.
In plain terms, the cutoff date matters greatly. If a spouse has an affair after the court enters a final order or the parties sign a settlement, the adultery may not bar alimony. However, any affair that occurs before those events will prevent the cheating spouse from receiving support. This is true regardless of how long the marriage lasted or how much the cheating spouse may need financial help.
The South Carolina Court of Appeals addressed this issue directly in Spires v. Spires, 296 S.C. 422, 423, 373 S.E.2d 698, 699 (Ct. App. 1988). In that case, both spouses had committed adultery. The wife argued that because her husband also cheated, the court should still award her alimony under the defense of recrimination. The Court of Appeals rejected that argument, holding:
“Recrimination does not constitute an exception to this statute. We hold the violation of the law by one’s spouse does not justify nor give license to the other to violate the same law without penalty.” Spires, 296 S.C. at 423, 373 S.E.2d at 699.
The South Carolina Supreme Court reinforced this principle in RGM v. DEM, 306 S.C. 145, 149–50, 410 S.E.2d 564, 566–67 (1991). In that case, the wife argued that her homosexual relationship should not count as adultery under the statute. The Supreme Court disagreed. It held that “explicit extramarital sexual activity constitutes adultery regardless of whether it is of a homosexual or heterosexual character.” RGM, 306 S.C. at 149, 410 S.E.2d at 566–67. The Court then addressed the recrimination defense:
“[T]he defense of recrimination does not constitute an exception to the statute barring alimony.” RGM, 306 S.C. at 150, 410 S.E.2d at 567 (citing Spires, 296 S.C. 422, 373 S.E.2d 698).
Proving Adultery in Family Court
To trigger the alimony bar, a spouse must prove adultery by clear and convincing evidence. This is a higher standard than the typical civil case. It requires more than suspicion or rumor. The evidence must create a firm belief that the affair actually happened.
South Carolina courts use the “inclination and opportunity” test. You do not need to catch your spouse in the act. Instead, you must show two things. First, your spouse had a romantic or sexual desire toward another person. Second, your spouse had a private chance to act on that desire. The Court of Appeals established this standard in Hartley v. Hartley, 292 S.C. 245, 247, 355 S.E.2d 869, 871 (Ct. App. 1987):
“Where there is proof that a spouse and the spouse’s paramour are both disposed to commit adultery and the opportunity has existed for them to satisfy their inclinations, a finding of adultery is allowed.” Hartley, 292 S.C. at 247, 355 S.E.2d at 871.
In Hartley, the husband presented evidence that his wife and another man entered an apartment at Myrtle Beach and spent the night together. Witnesses observed them in various states of undress. A detective confirmed repeated contact between the wife and the other man. The Court found this evidence established both inclination and opportunity to commit adultery. Id. at 246–47, 355 S.E.2d at 870–71.
Evidence of inclination may include romantic text messages or emails between the parties. Photos of the couple holding hands, kissing, or showing affection in public also help. Active dating profiles found while the marriage still exists can support the claim. Financial records showing unusual spending on gifts, hotels, or travel may also point to an affair.
Evidence of opportunity often comes from surveillance or testimony. A private investigator may document visits to a paramour’s home. Credit card records may show hotel stays. Phone records can establish patterns of late-night communication. Witness testimony from friends, neighbors, or coworkers can fill in the details. For a deeper look at evidence requirements, see our guide on how to prove adultery in South Carolina divorce cases.
What Happens When Alimony Must Be Adjusted After the Award
Sometimes circumstances change after the court has already entered an alimony order. A paying spouse may discover hidden adultery. Financial situations may shift. In either case, South Carolina courts have the authority to modify or terminate alimony. They can also order retroactive adjustments, including repayment of amounts already paid.
The Court of Appeals demonstrated this power in Butler v. Butler, 385 S.C. 328, 342–43, 684 S.E.2d 191, 198 (Ct. App. 2009). In that case, the husband paid $7,500 per month in permanent periodic alimony under a 1996 agreement. He later petitioned for modification based on a substantial change in circumstances. The family court agreed that circumstances had changed and reduced the alimony amount. Importantly, the court made the reduction retroactive and ordered the wife to repay the overpayment:
“[T]he family court required Wife repay Husband approximately $22,500 by June 30, 2006, based on his ‘overpayment.’” Butler, 385 S.C. at 342, 684 S.E.2d at 198.
The Court of Appeals remanded the case for clarification and recalculation, noting that the reduction could potentially relate back to the husband’s original filing date. Id. at 342–43, 684 S.E.2d at 198. Although Butler involved changed financial circumstances rather than adultery, the case is significant for alimony and adultery disputes. It confirms that South Carolina family courts can order retroactive alimony adjustments and require a receiving spouse to repay overpayments. When a paying spouse discovers that the receiving spouse committed adultery before the final order, the same judicial authority to adjust and recoup payments applies.
This underscores that a paying spouse who acts promptly in filing for modification may recover a substantial amount of overpaid alimony. The sooner you file, the further back the retroactive relief may reach.
How Adultery Affects Different Types of Alimony
South Carolina recognizes five types of alimony under S.C. Code § 20-3-130(B). Each type responds to adultery in a slightly different way. Understanding these differences is important for both paying and receiving spouses.
Periodic Alimony is the most common form. The court orders regular payments, usually monthly. These payments continue until the receiving spouse remarries, either spouse dies, or the receiving spouse cohabits with a romantic partner for 90 or more consecutive days. Periodic alimony can be modified if circumstances change. If adultery is discovered after the award, the paying spouse can petition to terminate it.
Lump Sum Alimony is a fixed amount paid all at once or in installments. This type cannot be modified once ordered, except upon the death of the receiving spouse. Because lump sum alimony is not modifiable, a later discovery of adultery may not provide grounds to undo it. This makes proving adultery before the final order even more critical.
Rehabilitative Alimony helps a spouse gain job skills or finish education to become self-supporting. It ends upon remarriage, cohabitation, the death of either party, or a specific triggering event. The court may modify this type if unforeseen events occur. Discovery of hidden adultery could support a motion for modification or termination.
Reimbursement Alimony compensates a spouse who supported the other through education or career development. It pays a fixed amount that ends on remarriage, cohabitation, or the death of either spouse. However, the court cannot modify the amount based on changed circumstances alone. This limits the options for the paying spouse if adultery surfaces later.
Separate Maintenance and Support applies when spouses live apart but have not yet divorced. It works like periodic alimony and terminates upon divorce, the death of either spouse, or the receiving spouse’s cohabitation. The adultery bar applies fully to this type of support.
The Condonation Defense: When Forgiveness Changes the Equation
A spouse accused of adultery may raise condonation as a defense. Condonation means the innocent spouse forgave the affair and resumed the marital relationship. South Carolina courts treat condonation as conditional forgiveness. If the cheating spouse commits further misconduct, the original adultery may be revived as grounds for divorce and as a bar to alimony.
In practical terms, this defense often comes up when a couple tried to reconcile after an affair. If the innocent spouse learned about the adultery, stayed in the marriage, and resumed normal marital relations, a court may find condonation occurred. In that scenario, the adultery may not bar alimony.
However, condonation is fragile. Any new act of misconduct by the cheating spouse can revive the original adultery. The South Carolina Supreme Court applied this principle in RGM v. DEM, 306 S.C. at 150, 410 S.E.2d at 567, citing Rabon v. Rabon, 289 S.C. 49, 51, 344 S.E.2d 615, 616 (Ct. App. 1986):
“Condonation may be revoked by subsequent illicit conduct.” RGM, 306 S.C. at 150, 410 S.E.2d at 567.
In Rabon, the Court of Appeals dealt with a husband who had physically abused his wife. The wife initially condoned earlier acts of violence by staying in the marriage. The Court held that the husband’s subsequent cruel conduct revived the condoned acts. Rabon, 289 S.C. at 51, 344 S.E.2d at 616. The Supreme Court in RGM extended this same principle to adultery. There, the wife’s continued extramarital conduct revived the previously condoned adultery and reinstated the alimony bar. RGM, 306 S.C. at 150, 410 S.E.2d at 567.
The lesson is clear. Forgiveness does not give a permanent shield. If the cheating spouse returns to the same behavior or engages in new misconduct, the original adultery comes back into play. For more on this defense, review our article on legal defenses to divorce in South Carolina.
When Both Spouses Commit Adultery: The Recrimination Issue
What happens when both spouses cheat? Some people assume that mutual adultery cancels out the consequences. South Carolina law says otherwise. As the Spires Court held, one spouse’s violation of the marital vows does not give the other spouse a free pass. Spires, 296 S.C. at 423, 373 S.E.2d at 699.
This means a spouse cannot argue that the other party’s affair justifies their own. Even if both spouses committed adultery, neither one can receive alimony under the statute. The Supreme Court confirmed this holding in RGM, 306 S.C. at 150, 410 S.E.2d at 567. The bar does not depend on who cheated first or whose affair was worse.
This rule has significant practical effects. A stay-at-home parent who depends on the working spouse for support could lose all alimony rights because of an affair. The financial impact can be devastating, regardless of who initiated the marital breakdown.
Adultery’s Impact Beyond Alimony: Property Division
Adultery does not only affect alimony in South Carolina. It also plays a role in how the court divides marital property. Under S.C. Code § 20-3-620, the family court must consider marital misconduct when distributing assets. The court looks at whether the adultery contributed to the breakdown of the marriage or affected the couple’s economic circumstances.
A spouse who used marital funds to finance an affair may face consequences during property division. Expensive gifts for a paramour, hotel bills, and travel costs can all count as dissipation of marital assets. The court may award a larger share of the remaining property to the innocent spouse to offset these losses.
This factor becomes especially important when the adultery bar eliminates alimony. A spouse who cannot receive alimony may still benefit from a more favorable property distribution. Skilled attorneys know how to present evidence of financial misconduct in a way that maximizes their client’s share of marital assets.
Why Timing Matters: Separation and Dating
Many clients ask whether they can start dating after they separate from their spouse. The answer in South Carolina is legally risky. Adultery remains a ground for divorce and a bar to alimony even during separation. Until a settlement agreement is signed or a permanent order is entered, any romantic relationship could be used against you.
This rule catches many people off guard. A couple may have been separated for months. They may have already filed for divorce. But if one spouse begins a new romantic relationship before the legal cutoff, that relationship could qualify as adultery under the statute. The consequences can include losing alimony and receiving a smaller share of marital property.
The safest course of action is to wait. Do not begin a new relationship until your divorce is final or your settlement agreement is signed. Even if the temptation is strong, the financial stakes are too high to risk. For more on the separation period and divorce grounds, visit our article on the one-year requirement for no-fault divorce.
Proposed Changes to South Carolina Alimony Law
The South Carolina Legislature has considered changes to the alimony statute in recent sessions. House Bill 3078 (2025–2026) proposes to allow alimony in certain situations even when one spouse committed adultery. Specifically, it would permit alimony when the spouse who filed for divorce later commits adultery before the cutoff date. This would change the current rule that bars alimony for any adulterous spouse.
Previous sessions also saw House Bill 3831 (2023–2024), which proposed broader alimony reform. That bill would have replaced periodic alimony with time-limited support tied to the length of the marriage. It also included updated language on the adultery bar.
Neither bill has become law as of this writing. The current statute remains in effect. However, these legislative efforts show that lawmakers are considering changes to how adultery and alimony interact. If you are involved in an alimony dispute, staying current on these developments is important.
Steps to Protect Your Rights
Whether you suspect your spouse of adultery or face allegations yourself, taking the right steps early can make a major difference in your case.
If you believe your spouse committed adultery: Gather evidence carefully. Save text messages, emails, and social media posts. Keep records of unusual spending. Consider hiring a licensed private investigator to document the affair. Most importantly, do not confront your spouse until you have consulted with an attorney. Premature confrontation can destroy evidence and alert the other party.
If you are accused of adultery: Take the allegation seriously. Do not make admissions on social media or in text messages. Speak with a family law attorney immediately. Your attorney can advise you on potential defenses like condonation. If you believe the accusation is false, your attorney can help you gather evidence to challenge the claim.
If you are paying alimony and discover your ex-spouse’s adultery: Contact an attorney right away. You may have grounds to terminate alimony payments or seek repayment of amounts already paid. As Butler demonstrates, courts can make alimony adjustments retroactive to the date you file your complaint. Butler, 385 S.C. at 342–43, 684 S.E.2d at 198. The sooner you act, the stronger your position.
Contact Klok Law Firm LLC
Adultery and alimony cases require skilled legal guidance. The stakes are high, and the rules are strict. Whether you need to prove adultery to protect your finances or defend against allegations that threaten your support, an experienced family law attorney can help you navigate the process.
At Klok Law Firm LLC, we represent clients in Charleston, Mount Pleasant, and throughout the South Carolina Lowcountry in divorce and family court matters. We understand the complexities of alimony law and know how to build strong cases for our clients.
Call us today at (843) 216-8860 or email us at sklok@kloklaw.com to schedule a consultation. You can also visit our alimony and spousal support page for more information about how we can help.
This blog post is for informational purposes only and does not constitute legal advice. Each case involves unique circumstances that require consultation with a qualified South Carolina family law attorney. For specific guidance on your alimony or divorce matter, contact an experienced family law practitioner.