When your marriage is ending, it might feel natural to look for connection, companionship, or simply someone new to talk to. Still, in South Carolina, dating too soon can bring unexpected legal problems. Knowing what is allowed and what can hurt your case can keep dating from becoming a liability.
What the Law in South Carolina Says About Dating Before Divorce
South Carolina does not recognize “legal separation.” Even if you and your spouse live apart, you remain legally married until the court issues your divorce decree. Because you are then still technically married, dating someone else before the divorce is final can be considered adultery under South Carolina law and is one of the fault-based grounds for divorce in the state.
If adultery is proven, it may affect:
- Alimony: A spouse who commits adultery before signing a formal settlement or entry of certain court orders may be barred from receiving alimony.
- Property division: Marital misconduct, like adultery, can be considered when dividing marital assets if it affected finances or contributed to the marriage’s breakdown.
- Child custody or visitation: Dating or introducing a new partner might be viewed as “immoral conduct” and can influence how a judge sees your fitness as a parent.
It’s possible to avoid negative effects when dating if:
- You wait until after both spouses have formally signed a settlement agreement or the court has entered a permanent order of separate maintenance or approved the settlement.
- You carefully avoid exposing children to the new partner or having overnight stays when children are present.
Common Misunderstandings and What People Often Get Wrong
Misunderstanding 1: “I’m separated, so I can date.”
This is incorrect in South Carolina. Even after moving out, you remain married in the eyes of the law until the divorce is final. Dating before that can count as adultery.
Misunderstanding 2: “I won’t be caught.”
Courts often rely on circumstantial evidence of opportunity and inclination to commit adultery like text messages, hotel records, and communication between you and the new person can all be used.
Misunderstanding 3: “Adultery only matters if my spouse listed it as a ground.”
Even if adultery is not listed in the divorce petition, the court can still consider it in alimony and property division under the “marital misconduct” factor.
Misunderstanding 4: “Once I date, I lose everything.”
That’s not always true. If the dating happens after settlement or court approval, it may have no effect on alimony or property. Yet, it might still affect custody or the judge’s view of your conduct.
Because these issues are fact-specific, outcomes vary widely based on how early dating happened, what evidence is available, and what steps were taken to protect children or finances. If you’re considering dating before your divorce is finalized, you need to know where the risks lie and when dating may be “safe.” Be cautious, talk with your legal advisor, and take steps to protect your rights and responsibilities.
If you want help understanding how dating could affect your divorce or what you can do to reduce risk, reach out to Cate & Brough. We can help you make the safest choices in your situation.
Executive Summary
In South Carolina, dating before your divorce is final can count as adultery because you are still legally married. Adultery can block you from receiving alimony, affect how property is split, and impact child custody decisions. Some dating is safer—especially after a formal settlement or court order—but risks remain. If you’re thinking about dating during divorce proceedings, get advice before taking that step.
Cate & Brough, P.A.
