A bill

 

TO 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.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 20-3-130(A) of the S.C. 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 earlier 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. However, in such proceedings and actions based on the ground of adultery, there is no bar to the award of alimony if the spouse filing for divorce or seeking separate maintenance and support subsequently commits adultery before the earlier of those two events.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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