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, the bill stipulates that no alimony may be granted to a spouse who commits adultery before either the signing of a written property or marital settlement agreement or the entry of a permanent order regarding separate maintenance and support. However, it also clarifies that if the spouse seeking divorce or separate maintenance commits adultery after filing, this does not prevent them from being awarded alimony.

The proposed changes include the deletion of the phrase "earliest earlier of these two events" and the insertion of language that specifies the conditions under which alimony may still be awarded despite allegations of adultery. This amendment aims to provide a more nuanced approach to alimony awards in the context of marital misconduct, ensuring that the court can consider the circumstances of each case more flexibly. The bill will take effect upon approval by the Governor.

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