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TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ALIMONY, SO AS TO ALLOW THE AWARD OF ALIMONY IF THE SPOUSE FIRST COMMITTED ADULTERY AFTER THE ISSUANCE OF A TEMPORARY ORDER IN AN ACTION FOR DIVORCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-3-130(A) of the 1976 Code is amended to read:
"(A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently. No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement; or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. The court may award a spouse alimony if the adultery only occurred after the issuance of a temporary order in the family court in an action between the two parties for divorce or separate maintenance."
SECTION 2. This act takes effect upon approval by the Governor.
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