The bill H. 3078 proposes an amendment to Section 20-3-130 of the South Carolina Code of Laws, which pertains to the awarding of alimony in divorce proceedings. The amendment allows for the possibility of awarding alimony in cases where a party has committed adultery, under specific circumstances. Notably, it stipulates that no alimony may be granted to a spouse who commits adultery prior to the signing of a written property or marital settlement agreement or the entry of a permanent order related to separate maintenance and support. However, it also clarifies that if the spouse seeking alimony commits adultery after filing for divorce or seeking separate maintenance, this does not prevent the court from awarding alimony.

The bill aims to provide a more nuanced approach to alimony in cases involving adultery, ensuring that the actions of both parties are considered in the determination of alimony awards. The proposed changes reflect a shift in how the law addresses the implications of infidelity on financial support during and after divorce proceedings. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 20-3-130
Latest Version: 20-3-130