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Walking through Heritage Park in Simpsonville or enjoying a quiet evening at home should feel like the foundation of a stable life. But when a third party interferes with your marriage, that foundation can crumble. You might have heard the term “heartbalm torts” or wondered whether you can sue someone for destroying your relationship. Many people specifically ask if South Carolina still recognizes the right to sue a third party for the loss of a spouse’s love.
If you are searching for answers about whether South Carolina is an alienation of affection state, the short answer is no. While this legal concept existed for decades, the landscape changed significantly in the early 1990s. Understanding where the law stands today is vital for anyone in Greenville County dealing with the painful reality of a fractured marriage.
The History of Heartbalm Torts in South Carolina
Alienation of affection was once a common legal claim in South Carolina. It allowed a deserted spouse to sue a third party, often a paramour, for taking away the love and affection of their partner. These cases fell under the category of heartbalm actions, based on the idea that money could serve as a balm for a broken heart.
For many years, South Carolina courts allowed these lawsuits to proceed if a plaintiff could prove that a marriage existed, that genuine love and affection were present, and that the defendant’s malicious conduct destroyed that affection. But as social norms evolved, the judiciary began to question the validity and ethics of these claims.
The Landmark Decision That Changed Everything
South Carolina abolished the “alienation of affection” cause of action in 1992 with the Supreme Court’s Russo v. Sutton ruling. The Court found these lawsuits often led to extortion and embarrassment rather than justice, asserting that a committed marriage cannot be “stolen” and breakdowns stem from internal relationship issues. This move aligned South Carolina with other states that have rejected the litigation of emotional “theft.”
What About Criminal Conversation?
People often confuse alienation of affection with another legal term: criminal conversation. Despite the name, this was a civil lawsuit, not a criminal prosecution. It allowed a spouse to sue a third party specifically for having sexual intercourse with their partner.
Just as it did with alienation of affection, the South Carolina Supreme Court abolished the tort of criminal conversation in the same Russo v. Sutton decision. Today, you cannot sue a third party in South Carolina civil court solely for the act of adultery or for “breaking up” your home. The law now views these matters as part of the family court process rather than independent lawsuits against outside individuals.
Adultery and Divorce in South Carolina Family Courts
While you cannot sue a third party for damages, adultery still plays a massive role in South Carolina divorce proceedings. Under South Carolina Code Section 20-3-10, adultery is one of the five legal grounds for a “fault-based” divorce.
Proving adultery can significantly impact the outcome of your case in several ways:
- Alimony Restrictions: Under South Carolina Code Section 20-3-130(A), a spouse who commits adultery is generally barred from receiving alimony. This applies if the adultery occurred before the formal signing of a settlement agreement or the entry of a permanent order.
- In South Carolina, a judge may consider “marital misconduct” like adultery during equitable property division if it caused the breakup or affected finances. Also, a fault-based divorce citing adultery allows immediate filing, bypassing the one-year separation required for “no-fault” cases.
How Local Courts Handle These Allegations
In Greenville County Family Court, including cases from Simpsonville or Fountain Inn, judges require clear evidence of adultery, often heard at the Halton Road location. South Carolina law permits proving adultery with circumstantial evidence, meaning you must show the spouse and third party had both the “inclination” and “opportunity” to commit the act. Evidence can include romantic texts, hotel receipts, or testimony about shared nights, not just photos of the act itself.
The Impact on Child Custody
A common concern for parents in Greenville is how third-party interference affects their children. While South Carolina judges focus on the “best interests of the child,” adultery itself does not automatically disqualify a parent from having custody.
But the third party’s conduct can become an issue. If your spouse’s new partner has a criminal history, substance abuse problems, or treats the children poorly, the court may restrict that person’s presence around the children. Local Greenville County Family Court judges often include “morality clauses” in temporary orders, prohibiting unrelated romantic partners from staying overnight while the children are in the home.
Protecting Your Future and Your Assets
While South Carolina law no longer allows you to sue a third party for interfering with your marriage, we ensure fair treatment in divorce. Our process includes thorough financial discovery and a strategic presentation of evidence regarding the marital breakdown. We focus on your stability, using our knowledge of the SC Code and local courts, balancing legal authority with empathy for your personal struggle.
Contact the Law Office of Rhett Burney
At the Law Office of Rhett Burney, we recognize that every family dynamic is unique. Whether you are dealing with the aftermath of infidelity or simply need to understand your options under South Carolina law, we are here to provide clear guidance. We serve clients throughout Greenville, Simpsonville, and the surrounding Upstate communities.
If you have questions about divorce, fault grounds, or how to protect your assets during a separation, please reach out to us. We offer support to help you find a path toward a new chapter. Call us today at 864-689-4482 to schedule a consultation and discuss your situation with our team.
