Can I Sue My Spouse’s Boyfriend or Girlfriend?

Unfortunately, spouses sometimes cheat on each other. When this happens, the cheated upon spouse comes to see me. Not only do they want to know if they can get a divorce on the ground of adultery, but they also want to know if they can sue the person with whom their spouse cheated. In other words, can they get money from the person who broke up their marriage? This type of lawsuit is called an alienation of affection suit, but in South Carolina, such suits are not allowed.

Legal Recourse in South Carolina for Dealing with a Spouse’s Paramour

However, what most people (including lawyers and judges) are not aware of is a state law that allows the family court to put some pressure on the boyfriend or girlfriend (a “paramour”). Under S.C. Code Sec. 63-3-530(19), a family court judge can make a paramour part of the marital litigation and can issue an order preventing that person from continuing to see the cheating spouse until the case is over.

Purpose and Effects of the Court Order

Although such an order may not be as satisfying as getting money from the paramour, it at least keeps the cheating spouse and the paramour apart for a while. If they do not stay apart, then the court holds them in contempt and may:

• Put them in jail
• Fine them
• Require them to serve community service

This legal mechanism serves as a form of legal recourse for the aggrieved spouse, providing some measure of control over the situation during the emotionally distressing process of divorce. It recognizes the profound emotional distress caused by extramarital affairs and attempts to mitigate ongoing harm by limiting contact between the cheating spouse and the spouse’s lover during the litigation.

Limitations and Practical Considerations

While South Carolina does not permit alienation of affection lawsuits, this approach offers a practical way to address the involvement of the other woman or husband’s mistress in the breakdown of the marriage.

It is important to understand that these orders are temporary and specifically tied to the divorce proceedings. They do not equate to a permanent injunction or a financial remedy against the spouse’s paramour.

Nevertheless, they can be a crucial tool in managing the complexities of marital litigation, especially when the spouse spent significant marital resources on the affair or when the emotional distress inflicted on the aggrieved spouse is severe.

Seeking Legal Guidance

For those seeking to understand their rights and options better, consulting with a qualified family law attorney can provide guidance tailored to individual circumstances. They can explain how the court might apply these laws and what steps can be taken to protect one’s interests during a difficult time.

Ultimately, while the law may not allow suing the spouse’s boyfriend or girlfriend directly for alienation of affection in South Carolina, there are still legal actions available to address the impact of infidelity on the marriage and family.