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Bill > H3078


SC H3078

SC H3078
Alimony


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 20-3-130, Relating To Alimony, So As To Allow The Award Of Alimony In Certain Circumstances When A Party Commits Adultery.

AI Summary

This bill modifies South Carolina's alimony law to provide more nuanced treatment of adultery in divorce proceedings. Specifically, the bill changes existing law to allow for the potential award of alimony even when a spouse has committed adultery, depending on the timing of the adultery and subsequent events. Under the revised statute, a spouse who commits adultery before signing a written settlement agreement or before entry of a permanent support order would typically be barred from receiving alimony. However, the bill introduces an important exception: if the spouse filing for divorce subsequently commits adultery before those key events, the original adultery would no longer prevent alimony from being awarded. This change gives courts more discretion in determining alimony, recognizing that relationship dynamics can be complex and that strict adultery disqualifications might not always serve the interests of justice. The bill will take effect immediately upon receiving the Governor's approval, potentially changing how South Carolina courts handle alimony determinations in cases involving marital infidelity.

Committee Categories

Justice

Sponsors (1)

Last Action

House Judiciary Domestic Relations, Business & Probate Laws Subcommittee on 3009, 3029, 3074, 3078, 3081, 3098, 3104, 3605, 3607 (10:00:00 4/29/2025 Blatt Room 516) (on 04/29/2025)

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