Adultery Laws in South Carolina (2026): Still Illegal, Still Costly

Most people assume adultery is just a personal issue. In South Carolina, it’s actually against the law. And if you’re going through a divorce, it can cost you big.

This article breaks down exactly what the law says, what the real consequences are, and what you need to know before making any decisions.

What Is Adultery Under South Carolina Law?

Adultery in South Carolina is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. Pretty straightforward, right?

South Carolina actually has two laws that cover this. The first is a criminal law under SC Code § 16-15-60. The second is a family law under SC Code § 20-3-130. Both matter, but they affect your life in very different ways. Stay with me here.

The criminal law says adultery is a crime. The family law says adultery can destroy your right to alimony. In practice, the family law part is the one that hits hardest.

Is Adultery Actually a Crime in South Carolina?

Yes. Technically, it is. South Carolina is one of only a handful of states where adultery is still on the books as a criminal offense.

Under SC Code § 16-15-60, a person convicted of adultery can face a fine between $100 and $500. They could also face six months to a year in jail. Or both.

Okay, pause. Before you panic, here’s the reality. Criminal prosecution for adultery is extremely rare in South Carolina. Law enforcement almost never investigates these cases. Prosecutors almost never bring charges. You’re very unlikely to face criminal court over cheating.

The real danger isn’t jail. It’s your divorce case.

How Adultery Affects Divorce in South Carolina

Here’s where things get serious.

South Carolina allows both fault-based and no-fault divorces. Adultery is one of the four fault grounds for divorce. The other three are abandonment, physical cruelty, and habitual drunkenness.

Wondering what difference that makes? It’s actually a big one.

In a standard no-fault divorce, you have to wait one year. You must be separated for a full year before filing. But if you can prove adultery, that one-year waiting period disappears. You can file for divorce right away. There is still a 90-day waiting period after you file before a final hearing, though.

That’s a major advantage. And it’s one reason proving adultery matters so much in court.

The Alimony Consequence Is Huge

Honestly, this is the part most people miss. And it’s the most important rule in this whole article.

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Under SC Code § 20-3-130, a spouse who commits adultery is permanently barred from receiving alimony. Not reduced alimony. Not delayed alimony. Zero alimony. Gone.

This applies to all types of alimony. Periodic payments, lump sums, rehabilitative support, reimbursement alimony. Every kind. If you cheated, you can’t get any of it.

Here’s the part that trips people up. The adultery doesn’t have to happen during the marriage. It can happen after you separate but before the divorce is finalized. If you start dating someone new and there’s no formal settlement agreement yet, that could count as adultery. And it could cost you your alimony.

Many people assume this is legal. They find out the hard way. Don’t be one of them.

The Timing Rule You Need to Know

South Carolina courts look at a specific cutoff date when deciding if the adultery bar applies.

The bar kicks in unless one of two things has already happened. Either the parties have formally signed a written property or marital settlement agreement, or the court has issued a permanent order of separate maintenance and support.

If neither of those has happened yet, any adultery after your separation still counts. Even if you feel the marriage is over, legally it isn’t. That matters a lot.

A 2025-2026 legislative bill called House Bill 3078 proposed some changes to this rule. It would allow alimony in certain situations even when adultery occurred. As of now, that bill has not been passed into law. The strict bar is still in full effect.

How Courts Prove Adultery

You’re not alone. This part confuses a lot of people.

South Carolina courts don’t require a video or a witness who saw everything happen. You can prove adultery with circumstantial evidence. Courts call this the “inclination and opportunity” test.

Inclination means your spouse had a romantic or sexual interest in another person. Opportunity means they had a private chance to act on it.

So simple! Texts, emails, or love letters can show inclination. Surveillance footage of two people entering a hotel room together can show opportunity. A private investigator catching them in the same house overnight can work too.

Sexting alone is not adultery under South Carolina law. But it can be used as evidence of inclination. Same goes for emotional affairs. An emotional affair isn’t adultery by itself, but it may help prove inclination.

The standard of proof is high. Courts require clear and convincing evidence. That’s stronger than a typical civil case. It means the evidence must create a firm belief that adultery actually happened.

What About Property Division?

Adultery alone usually doesn’t change how property gets divided in South Carolina. Courts follow equitable distribution, meaning fair but not necessarily equal.

However, if the cheating spouse spent marital money on the affair, that changes things. Did they pay their partner’s rent? Buy them gifts? Take them on vacations? A judge can account for that spending. The faithful spouse may get a larger share of the marital estate to make up for it.

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Think of it like this. The court isn’t punishing you for cheating. But if you spent the family’s money on the affair, the court can balance that out.

Does Adultery Affect Child Custody?

Here’s something that surprises a lot of people. Adultery generally does not affect child custody in South Carolina.

Judges make custody decisions based on the best interests of the child. Cheating on your spouse doesn’t automatically mean you’re a bad parent. Courts look at who the primary caregiver was, each parent’s ability to meet the child’s emotional needs, and the stability of each home.

Adultery could become relevant if it directly harms the children. For example, if a parent exposed the children to inappropriate situations involving the affair partner, a judge may factor that in. But cheating by itself is not a reason to lose custody.

How to Prove Adultery If You Need To

If you believe your spouse cheated and you want to use that in court, here’s what you should do.

Start gathering evidence carefully and legally. Hotel receipts, credit card statements, phone records, and text messages can all help. Evidence from accounts you jointly own is generally fair game. Evidence you obtained illegally is not. Hacking your spouse’s accounts or using illegal surveillance can actually hurt your case and get you in legal trouble.

Wait, it gets better. If you think you have a case, talk to a family law attorney first. They can help you figure out what evidence is admissible and how to build your case the right way.

Private investigators are also a common tool in South Carolina adultery cases. They can legally document inclination and opportunity in ways that courts accept.

Special Circumstances Worth Knowing

There are a couple of situations where the adultery bar on alimony might not apply.

First, if both spouses engaged in adultery, a court has some flexibility. One spouse can’t use the bar against another if they also cheated.

Second, something called condonation can come into play. If you knew about your spouse’s adultery and chose to continue the marriage without objecting, you may lose the right to use it against them later. Basically, if you let it go at the time, you may not be able to bring it up in divorce court years later.

Personally, I think these exceptions make a lot of sense. The law is trying to be fair, not just punish people.

What You Should Do Right Now

Whether you’re the cheated-on spouse or the one who cheated, here’s your action plan.

If you were cheated on and want to use it in court, start documenting evidence now. Talk to a family law attorney as soon as possible. Timing matters a lot in these cases.

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If you cheated and your spouse is filing for divorce, do not sign anything without a lawyer. Understand exactly what rights you have and what you might lose. The alimony bar is strict, but an attorney can help you understand your specific situation.

If you’re separated and considering dating someone new, talk to a lawyer first. You could still be legally married. And new relationships before a final settlement could have serious legal consequences.

Don’t worry. A good family law attorney can walk you through every step.

Frequently Asked Questions

Is adultery illegal in South Carolina?

Yes, adultery is technically a criminal offense under SC Code § 16-15-60, but criminal prosecution is extremely rare in practice.

Can I go to jail for cheating on my spouse in South Carolina?

Technically yes, but it almost never happens. The real legal consequences come in family court during your divorce, not in criminal court.

Does cheating affect alimony in South Carolina?

Yes, and it’s severe. A spouse who commits adultery is permanently barred from receiving any form of alimony under SC Code § 20-3-130.

Can I date someone while separated in South Carolina?

This is risky if your divorce is not finalized and no formal settlement has been signed. Dating during separation could be considered adultery and affect your case.

Does adultery affect child custody in South Carolina?

Generally no. Courts base custody decisions on the best interests of the child, not on which parent cheated.

How do I prove my spouse committed adultery?

You need evidence of inclination and opportunity. Texts, emails, and surveillance evidence can help. Courts require clear and convincing evidence. Consult an attorney before collecting evidence.

What is the one-year rule in South Carolina divorce?

No-fault divorces require one year of separation before filing. Proving adultery waives this requirement and lets you file immediately.

Final Thoughts

South Carolina takes adultery seriously, especially when it comes to divorce. The criminal side rarely matters in real life. The family court side matters a lot.

If adultery is part of your situation, the stakes are high. Alimony, property division, and even the timeline of your divorce can all be affected. The rules are strict and the timing matters.

Now you know the basics. Talk to a family law attorney in South Carolina if you’re dealing with any of this. And when in doubt, get legal advice before making any moves.