Another Blow to Marriage
Today’s debate is about whether adultery should be considered differently during a period of separation. Current law eliminates alimony if adultery occurs prior to the final divorce. A Democrat amendment allows for adultery after a year from the initial filing. The reason for this amendment is because of some situations wherein one spouse who might have been unfaithful for years and is facing a stiff alimony drags out the proceedings and perhaps even sets up his spouse to do something that gives the impression of a mistake and thereby that spouse loses their alimony.
I do not argue that these situations occur. I do argue, however, that the South Carolina General Assembly should not be in the business of saying adultery is permissible regardless of the circumstances. Currently, trial attorneys tell their clients to behave until the final divorce lest they lose their alimony. The changes today will in effect remove that admonition. Not only would this endorse adultery, it would greatly reduce the already slim chances of reconciliation. We fought this amendment, but unfortunately failed. The family court reform has lots of good items, but this portion is serious blow to the sanctity of marriage.
March 9th, 2006 at 9:02 pm
This only comes into play if someone is charged with adultery under state law, right Mr. Blow to marriage.
March 10th, 2006 at 2:50 am
This only comes into play if someone is charged with adultery under state law
March 10th, 2006 at 2:50 am
This only comes into play if someone is charged with adultery under state law
March 11th, 2006 at 3:20 pm
Sen. Bryant,
Good points made, this is interesting stuff. Please continue to keep us posted.
March 11th, 2006 at 3:24 pm
Sen. Bryant,
Good points made, this is interesting stuff. Please continue to keep us posted.
March 12th, 2006 at 5:45 am
I haven’t heard of a case where a long-term separated couple has gotten back together. Dragging it out to get more favorable terms is certainly a tactic.
But has you considered that this tactic is an example of fighting fire with fire? We need to look at how the courts approach alimony. While I don’t have a problem with transitional alimony for someone who was a homemaker, I don’t think it should be a permanent entitlement in all but a few cases.
In some cases, it’s because one parent has the freedom they need and has no reason to fork out thousands of dollars for a divorce. As a single parent who never got child support from my ex-wife, I can tell you that if I’d had the money, I’d have gotten my divorce at least a year sooner than I did.
While alimony wasn’t an issue in my case, would you support me, or others who can’t afford an attorney, being punished for the fact they are taking care of their children?
So many issues in Family Court are complex, and few, if any, are simple ones. Issues like abuse of Protective Order process, gender equity (as a single custodial father, where do I begin on this one?), anonymous DSS complaints, the need to support mediation processes, and cleaning up the GAL system are just a few issues that I’m aware, personally or from others, that need to be addressed.
Keep up the good work looking at these issues, and thanks for trying. Those of us who want fairness for the children and families appreciate it.
March 13th, 2006 at 10:28 pm
You make a good point, but Sen. Short has a good point, too. It is unfair to require a woman, for example, to avoid a relationship for 2 years just to keep alimony when there is no deterrent for the man to avoid the same relationship. Why not impose additionaly requirements on the man in this example? If he commits adultery during the pendency of the divorce, double the alimony.
Instead of lowering the standards of adultery for one party, raise the standards for the other.
March 13th, 2006 at 10:46 pm
You make a good point, but Sen. Short has a good point, too. It is unfair to require a woman, for example, to avoid a relationship for 2 years just to keep alimony when there is no deterrent for the man to avoid the same relationship. Why not impose additionaly requirements on the man in this example? If he commits adultery during the pendency of the divorce, double the alimony.
Instead of lowering the standards of adultery for one party, raise the standards for the other.
March 13th, 2006 at 10:52 pm
Later that day we passed an amendment (by Sen. Mescher) allowing a judge to increase alimony payments if the spouse ordered to pay alimony is adulterous. Looking back, we should’ve tried to take this amendment up first.
March 13th, 2006 at 10:52 pm
Later that day we passed an amendment (by Sen. Mescher) allowing a judge to increase alimony payments if the spouse ordered to pay alimony is adulterous. Looking back, we should’ve tried to take this amendment up first.
March 20th, 2006 at 11:49 pm
What happens if the spouse is caught having extra-marital relations with an employee on a picnic table in a public place.
Do we make the adulterous spouse pay alimony? or does Anderson County pay the alimony, and put a picnic table in a county owned Denali for convenience?
Have a nice day. Stay away from Cater’s lake.
March 21st, 2006 at 2:20 pm
What happens if the spouse is caught having extra-marital relations with an employee on a picnic table in a public place.
Do we make the adulterous spouse pay alimony? or does Anderson County pay the alimony, and put a picnic table in a county owned Denali for convenience?
Have a nice day. Stay away from Cater’s lake.
May 12th, 2006 at 4:37 pm
I haven’t heard of a case where a long-term separated couple has gotten back together. Dragging it out to get more favorable terms is certainly a tactic.
But has you considered that this tactic is an example of fighting fire with fire? We need to look at how the courts approach alimony. While I don’t have a problem with transitional alimony for someone who was a homemaker, I don’t think it should be a permanent entitlement in all but a few cases.
In some cases, it’s because one parent has the freedom they need and has no reason to fork out thousands of dollars for a divorce. As a single parent who never got child support from my ex-wife, I can tell you that if I’d had the money, I’d have gotten my divorce at least a year sooner than I did.
While alimony wasn’t an issue in my case, would you support me, or others who can’t afford an attorney, being punished for the fact they are taking care of their children?
So many issues in Family Court are complex, and few, if any, are simple ones. Issues like abuse of Protective Order process, gender equity (as a single custodial father, where do I begin on this one?), anonymous DSS complaints, the need to support mediation processes, and cleaning up the GAL system are just a few issues that I’m aware, personally or from others, that need to be addressed.
Keep up the good work looking at these issues, and thanks for trying. Those of us who want fairness for the children and families appreciate it.