The South Carolina code and case law define alimony as “illicit intercourse between two persons, one of whom, at least, is married. Despite the legal definition, actual intercourse is not required; in some situations, sexual intimacy is sufficient to meet the definition.

Adultery is one of the 4 “fault” based grounds for seeking a divorce in South Carolina, and can be filed without the parties being separated at the time of filing. To successfully prove a claim for adultery you must prove that there was a romantic inclination between the spouse and the other person and that there was opportunity to engage in adulterous conduct. Circumstantial evidence is often the most used to prove adultery, and can be sufficient in proving the claim. Adultery can also prevent a spouse from receiving spousal support. There are defenses to the “fault” based ground of adultery, such as connivance (meaning the complaining spouse consented to the misconduct), recrimination (meaning when both parties engaged in misconduct, even if the misconduct is not alike), condonation (meaning forgiving the known misconduct of the other party), and reconciliation.

Conrad Trosch & Kemmy is a family law firm, with attorneys handling North and South Carolina matters, in Charlotte, NC, specializing in providing the comprehensive service you need to navigate a divorce in a fair and consistent way. We take care of the finer details so that you can live without the stress that family issues present.

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