While a marriage might fall apart because of a third party’s interference, alienation of affection in South Carolina is not a recognized civil claim. While neighboring North Carolina is one of a small number of states that still allows alienation of affection lawsuits filed directly against a third party, South Carolina courts do not. What South Carolina does recognize is adultery as a fault-based ground for divorce, and depending on your circumstances, that distinction matters a great deal.
Our divorce attorneys at Turner Family Law can assist with cases involving adultery and other fault-based grounds. Never wait to discuss your situation with us today.
What Is Alienation of Affection, and Why Doesn’t It Apply in SC?
Alienation of affection is a tort claim that allows a spouse to sue a third party for intentionally interfering with the marriage and causing its breakdown. In states where it is still recognized, a successful claim can result in significant financial damages awarded against the third party personally.
South Carolina has not recognized alienation of affection as a valid civil claim since 1992. If a third party played a role in the end of your marriage, your legal options in this state are focused on how that conduct affects your divorce proceedings, particularly through an adultery-based filing against your spouse.
Adultery as a Fault Ground for Divorce in South Carolina
In South Carolina, adultery is one of four recognized fault grounds for divorce, alongside physical cruelty, habitual drunkenness or drug use, and desertion. Filing on a fault ground means you do not have to wait out the one-year continuous separation period required for a no-fault divorce, and that is just the beginning of how it can change your case.
To pursue an adultery-based divorce, you do not necessarily need direct proof of a sexual act. South Carolina courts generally accept evidence of inclination and opportunity, meaning that documentation showing both the desire and the circumstances to commit adultery can be sufficient. This can include photographs, text messages, emails, hotel records, or reports from a private investigator.
How an Adultery Finding Affects Your Divorce
An adultery-based filing does more than accelerate your timeline. It can reshape the financial and custodial outcomes of your divorce in meaningful ways.
Alimony
Under SC Code § 20-3-130(A), a spouse proven to have committed adultery is generally barred from receiving any form of alimony, regardless of the length of the marriage or their financial need. South Carolina takes this seriously, and it is one of the most consequential financial effects of an adultery finding.
Property Division
South Carolina is an equitable distribution state, meaning marital property is divided fairly rather than automatically split equally. While adultery alone does not guarantee a lopsided outcome, courts may award the non-cheating spouse a larger share of the marital estate if the affair contributed directly to the marriage’s breakdown or if marital funds were spent to benefit a third party.
Child Custody
Marital misconduct does not automatically determine custody outcomes, but it can become a relevant factor if a parent’s behavior negatively affects the child’s well-being. Exposing a child to an inappropriate adult relationship or consistently prioritizing an affair over parental responsibilities are examples of conduct that family courts may weigh when determining what arrangement serves the child’s best interests.
What the Absence of Alienation of Affection Means for Your Case
Because alienation of affection in South Carolina is not a recognized claim, you cannot file a civil lawsuit directly against the person your spouse had an affair with. However, that third party’s conduct is not entirely irrelevant to your divorce proceedings. Evidence of the affair and of how your spouse’s relationship with that person affected the marriage and your family’s finances can still be relevant and persuasive in court.
An experienced attorney can help you understand how to present that evidence effectively within a South Carolina adultery divorce. The goal is not simply to prove wrongdoing but to ensure that the court has the full picture when making decisions about alimony, property, and custody.
Timing also matters here. Certain evidence can become harder to obtain as a case progresses, and the way your divorce is initially filed can shape what arguments remain available to you later. Getting legal guidance early gives you the best chance of building a complete and well-supported case.
It is also worth understanding that adultery does not have to be the central focus of your case to be relevant. Even if you ultimately pursue an uncontested resolution, the existence of a provable fault ground can shift the dynamic of settlement negotiations significantly.
Understanding Your Options With a South Carolina Divorce Attorney
If your marriage ended because of a third party’s involvement, it is worth speaking with an attorney who understands how adultery claims work in practice, not just in theory. The difference between a fault-based and a no-fault divorce can have lasting financial consequences, and the window to pursue certain remedies can close quickly once proceedings begin.
Turner Family Law represents clients in complicated divorce matters. Call 864-778-2734 or contact us online to schedule a confidential consultation today.
