If a man begins dating during a legal separation in one of these states, and if his wife can prove that the relationship is sexual in nature, she can usually file for divorce on grounds of adultery.This can affect issues of property distribution and alimony.In some states, adultery is a crime, although it is rarely prosecuted.In states that still recognize fault-based divorces, adultery has more of an impact.In all actions for separate support and maintenance, legal separation, or other marital litigation between the parties, allowances of alimony and suit money and allowances of alimony and suit money pendente lite shall be made according to the principles controlling such allowance and actions for divorce.
Some states, such as New Jersey, call this a divorce from bed and board.
If there was no illicit sexual conduct before your date of separation, then post-separation dating is not relevant to a claim for post-separation support or alimony.
However, a paramour who stays overnight when your children are present can be grounds for denial of your custody or visitation.
If that is the case, you are well-advised to obtain proof of his or her affair through a private detective.
South Carolina courts will decide the issue of custody based upon the best interests of the child.
However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.