Living with a spouse who struggles with alcohol or drug abuse can feel impossible. The behavior strains every part of a marriage. It affects finances, parenting, and emotional well-being. Over time, many spouses reach a breaking point.
Fortunately, South Carolina law provides a legal path forward. Under S.C. Code Ann. § 20-3-10, habitual drunkenness is one of four fault grounds for divorce. This means you do not have to wait a full year of separation to file. Instead, you can take action as soon as you have enough evidence to support your claim.
Research from the National Institute on Alcohol Abuse and Alcoholism (NIAAA) shows that roughly 29.5 million Americans ages 12 and older had alcohol use disorder in recent years. The impact on marriages is severe. Studies suggest that about half of all divorces in the United States involve at least one spouse who abuses alcohol.
If your spouse’s drinking or drug use has damaged your marriage, you have options. This guide explains what habitual drunkenness means under South Carolina law. It also covers what evidence you will need, how the process works, and what to expect in family court.
What Does Habitual Drunkenness Mean Under South Carolina Law?
South Carolina courts define habitual drunkenness as “the fixed habit of frequently getting drunk.” This definition comes from the landmark case Rooney v. Rooney, 242 S.C. 503, 505, 131 S.E.2d 618, 619 (1963). The court quoted Black’s Law Dictionary, noting that habitual drunkenness “does not necessarily imply continual drunkenness.” Your spouse does not have to be drunk every single day. The law only requires proof of a pattern of frequent and repeated intoxication.
Additionally, this ground is not limited to alcohol. The statute specifically states that habitual drunkenness includes substance abuse “caused by the use of any narcotic drug.” As a result, abuse of prescription medications, marijuana, opioids, cocaine, and other drugs all qualify under this ground.
However, there is a critical requirement many people overlook. Your spouse’s substance abuse must be the reason your marriage broke down. The family court must find a direct link between the drinking or drug use and the failure of your marriage. Simply showing that your spouse drinks is not enough.
Another key point involves timing. South Carolina courts require that the substance abuse existed at or near the time you filed for divorce. In Epperly v. Epperly, 312 S.C. 411, 414, 440 S.E.2d 884, 885 (1994), the South Carolina Supreme Court held: “In order to prove habitual drunkenness, there must be a showing that the abuse of alcohol caused the breakdown of the marriage and that such abuse existed at or near the time of filing for divorce.” Past drinking alone will not support a current divorce claim if the behavior stopped long before you filed.
The Five Grounds for Divorce in South Carolina
Before diving deeper into habitual drunkenness, it helps to understand the full picture. South Carolina recognizes five grounds for divorce under S.C. Code § 20-3-10. Four of these are fault-based grounds: adultery, habitual drunkenness, physical cruelty, and desertion for one year. The fifth is a no-fault ground based on living apart for one year without getting back together.
Filing on a fault ground offers a major advantage. You can begin the process without waiting the full one-year separation period. Under S.C. Code Ann. § 20-3-80, the court can grant a fault-based divorce as early as 90 days after you file the complaint. For many people dealing with a spouse’s addiction, this faster timeline makes a real difference.
How to Prove Habitual Drunkenness in Family Court
Proving habitual drunkenness requires more than your word alone. South Carolina law demands independent corroboration of the fault ground. This means you need evidence beyond just your own testimony to support your case.
Your attorney will gather evidence that fits several categories. First, witness testimony plays a central role. Friends, family members, coworkers, and neighbors can testify about what they have seen. Their statements carry weight because they provide an outside perspective on your spouse’s behavior.
Second, police and court records can be powerful. DUI arrests, public intoxication charges, and related court orders all serve as strong documentation. Even if your spouse was never convicted, the arrest records and police reports may still be admissible in family court. The evidentiary standards in family court differ from those in criminal court.
Third, medical and treatment records can show a clear pattern. Hospital visits, emergency room records, rehab admissions, and counseling records all help build your case. These records often show a history of substance abuse that is difficult to deny.
Fourth, financial records often reveal the extent of the problem. Bank statements, credit card records, and receipts may show frequent and substantial purchases of alcohol. Employment records that show job losses or disciplinary actions tied to substance use also support a habitual drunkenness claim.
Finally, video footage and photographs can provide direct evidence. If you have recordings of your spouse while intoxicated, these images and videos can speak for themselves in the courtroom.
In Fisher v. Fisher, 276 S.C. 375, 377, 278 S.E.2d 780, 781 (1981), the South Carolina Supreme Court found sufficient evidence of habitual drunkenness. The wife testified that her husband drank every weekend and often during the week. She also described drinking binges where he consumed roughly half a gallon of liquor. A private investigator testified that the husband “both sounded and acted as if he were under the influence of alcohol as early as 11 a.m.” when served with the divorce petition. The Supreme Court reversed the lower court and held that this evidence clearly established a prima facie case of habitual drunkenness.
Understanding how discovery works in family court is also vital. Our guide on South Carolina Financial Declaration Requirements explains the financial disclosure process that applies in all divorce cases.
Does My Spouse Need an Alcoholism Diagnosis?
No. This is one of the most common misunderstandings about this ground for divorce. South Carolina law does not require a formal diagnosis of alcoholism or substance dependence. In Lee v. Lee, 282 S.C. 76, 79, 316 S.E.2d 435, 437 (Ct. App. 1984), the South Carolina Court of Appeals held that “one need not be an alcoholic to be guilty of habitual drunkenness.” The court explained that “[i]t is sufficient if the use or abuse of alcohol causes the breakdown of normal marital relations.” In that case, the husband’s testimony about his wife’s habitual drunkenness was corroborated by neighbors, and the court found the evidence supported the divorce.
Furthermore, the court in Herbert v. Herbert, 260 S.C. 86, 88–89, 194 S.E.2d 238 (1973), held that a spouse’s addiction “should not be used as a basis for determining real moral wrongdoing or fault.” The Supreme Court noted the ambivalence with which society views alcoholism. Instead of focusing on moral blame, the court looked at whether the pattern of excessive substance use destroyed the marriage. The focus is on behavior and its effects, not on a medical label.
Common Defenses Against Habitual Drunkenness Claims
If you file for divorce on this ground, expect your spouse to fight back. South Carolina law recognizes several defenses to fault-based divorce claims. Being prepared for these defenses will help strengthen your position.
Condonation
Condonation is the most common defense in fault divorce cases. It means that you knew about the substance abuse and chose to forgive your spouse and stay in the marriage. For this defense to work, your spouse must show that you had full knowledge of the behavior and decided to continue the relationship anyway. However, the forgiveness is conditional. If the drinking or drug use starts again after you forgave it, the condonation defense fails.
Recrimination
Recrimination occurs when the accused spouse claims that you also engaged in the same misconduct. In other words, your spouse may argue that you also drink heavily or abuse substances. This defense tries to show that both parties share fault in the breakdown of the marriage.
Connivance
Connivance means that you actually encouraged or enabled the behavior that now forms the basis of your divorce claim. For example, if you regularly purchased alcohol for your spouse while knowing about the problem, this defense could come into play. It requires proof that you actively participated in creating the very conduct you now complain about.
A skilled family law attorney can help you anticipate and counter these defenses before trial. Early preparation is essential to protecting your case.
How Habitual Drunkenness Affects Custody, Alimony, and Property Division
Proving habitual drunkenness does more than just grant you a divorce. It can significantly affect other major issues in your case. The presence of substance abuse often shapes how the court handles child custody, alimony, and the division of marital property.
Child Custody
South Carolina courts always prioritize the best interests of the child. When one parent has a proven substance abuse problem, the court takes that very seriously. A judge may limit the abusing parent’s custody rights or require supervised visitation. The court may also order drug and alcohol testing as part of a custody arrangement.
Some factors the court considers include whether the parent has been arrested for DUI with children present, whether the parent missed important events due to drinking, and whether the children have been placed in danger. For more on custody matters, visit our child custody and visitation page.
Alimony
South Carolina courts weigh marital misconduct when deciding alimony. If your spouse’s habitual drunkenness caused the marriage to fail, the court may consider that when setting support obligations. The abusing spouse’s fault may reduce or eliminate their alimony claim. On the other hand, it may strengthen your claim for support.
Property Division
South Carolina follows equitable distribution principles when dividing marital property. Equitable does not always mean equal. Instead, it means fair. The court considers many factors, including marital misconduct. If your spouse’s substance abuse wasted marital funds or damaged family finances, the court may award you a larger share of the marital estate.
The Divorce Process When Filing on Habitual Drunkenness
Filing for a fault-based divorce follows a specific sequence in South Carolina family court. Understanding each step helps you plan and stay prepared throughout the process.
The process begins when your attorney files a Summons and Complaint in the South Carolina Family Court. The complaint must specifically describe how your spouse’s habitual drunkenness caused the marriage to break down. After filing, your spouse must be properly served and given 30 days to respond.
Next, both parties exchange financial declarations and engage in discovery. This phase allows your attorney to request medical records, financial documents, employment records, and other evidence that supports your claim. Discovery is your opportunity to build the strongest possible case.
South Carolina requires at least three hours of mediation in most family court cases. Even in cases involving substance abuse, mediation offers a chance to resolve custody, support, and property issues outside of court. However, if your spouse’s addiction makes productive negotiation difficult, your attorney can prepare you for trial.
Under South Carolina law, the court cannot hold the final divorce hearing until 60 days after you file. The judge cannot issue the divorce decree until 90 days after filing. While these waiting periods apply to all fault divorces, they are still much shorter than the one-year separation required for a no-fault divorce.
You Do Not Have to Wait a Year to Take Action
Many people mistakenly believe they must live apart from their spouse for a full year before they can file for divorce in South Carolina. That is only true for no-fault divorces based on one year of continuous separation.
When you file on the fault ground of habitual drunkenness, there is no required separation period before filing. You can file your complaint while still living in the same home. At the temporary hearing, however, you will need to present solid evidence of the fault ground if you want the court to order your spouse out of the marital home.
Even if you cannot immediately prove the fault ground, you still have options. You can file a separate support and maintenance action to address custody, support, and other urgent matters while your case proceeds. For more about this option, see our guide to unbundled legal services in South Carolina family law.
Drug Abuse and Habitual Drunkenness: The Same Legal Standard
South Carolina’s habitual drunkenness statute is not limited to alcohol. The law explicitly includes substance abuse “caused by the use of any narcotic drug.” This broad language covers a wide range of substances.
Prescription medications, marijuana, opioids, cocaine, methamphetamine, and other controlled substances all fall within this ground for divorce. The Substance Abuse and Mental Health Services Administration (SAMHSA) reports that substance use disorders affect millions of families across the country. The legal standard for proving drug abuse as a ground for divorce is the same as it is for alcohol.
You must still show a habitual pattern of use that caused the breakdown of your marriage. The same types of evidence apply, including medical records, police reports, witness testimony, and financial records.
Why Legal Representation Matters in These Cases
Divorcing a spouse who struggles with addiction is uniquely challenging. The emotional toll is heavy. Negotiations can be unpredictable because a person battling addiction may agree to terms one day and change their mind the next.
An experienced family law attorney helps you gather the right evidence, anticipate defenses, and present your case effectively. Your lawyer will also guide you through the discovery process and help you use legal tools like subpoenas and depositions to build a strong record.
At Klok Law Firm LLC, we have more than 30 years of experience helping families in Charleston, Mount Pleasant, Berkeley, and Dorchester Counties navigate complex divorce cases. We understand the sensitive nature of these situations. Our team provides compassionate yet determined representation to protect your rights and your children’s best interests.
Contact Klok Law Firm LLC Today
If your spouse’s alcohol or drug abuse is destroying your marriage, you deserve answers and a clear path forward. Whether you are ready to file for divorce or just need to understand your options, our team is here to help.
Call Klok Law Firm LLC today at (843) 701-1695 to schedule a consultation. You can also reach us online by filling out our online form. We serve families throughout the Charleston metro area, including Mount Pleasant, Summerville, and surrounding communities.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is different. Please consult with a qualified attorney to discuss the specific facts of your situation.