Full question:
I am legally separated from my wife but not legally divorced yet. We have no kids. We have already divided the assets, made agreement on alimony, etc. What is my exposure (if any) if I decide to date during the period between separation and divorce?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: South Carolina
Answer:
In South Carolina, dating while legally separated can have legal implications. Although you are separated, you are still legally married, and engaging in sexual relations with someone else may be considered adultery. This could potentially be viewed as marital misconduct, which may affect alimony agreements.
Additionally, South Carolina law classifies adultery as a crime, punishable by a fine or imprisonment (see SC Stat. § 16-15-60). It's important to note that South Carolina allows for no-fault divorces based on living separately for at least one year without cohabitation, which includes not acting as a married couple.
Therefore, while you may choose to date, be aware of the potential legal consequences regarding alimony and the characterization of your actions during the divorce process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.