Can You Date During a Divorce in South Carolina?

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

You can date during a South Carolina divorce, but doing so carries real legal risk. You are still married until the judge signs the final decree, so a sexual relationship before then can be treated as adultery. Under South Carolina law, a spouse who commits adultery before a written settlement agreement is signed or a permanent order is entered cannot receive alimony, and dating can also affect property division and custody.

You are married until the final decree

Separation, moving out or filing for divorce does not end the marriage. Only the final decree does. South Carolina has no rule that makes a new relationship “safe” just because you have been apart for a while or because your spouse has moved on.

That matters because adultery is one of the five grounds for divorce under S.C. Code § 20-3-10, and it can affect several other issues in the case.

Risk 1: Losing the right to alimony

This is the biggest risk for many people. Under S.C. Code § 20-3-130(A), no alimony may be awarded to a spouse who commits adultery before the earlier of:

1. The formal signing of a written property or marital settlement agreement, or
2. The entry of a permanent order of separate maintenance and support, or a permanent order approving a property or marital settlement agreement.

Notice what is missing from that list: a temporary order. A temporary (pendente lite) order does not end the alimony bar. So a spouse who is receiving temporary support and begins a sexual relationship before a settlement is signed or a permanent order is entered may lose the right to alimony at the final hearing.

This is a statutory bar, not just a factor. If you might ask for alimony, or are already receiving temporary support, talk with a lawyer before dating. Our alimony and spousal support page explains the forms of support available.

Risk 2: Adultery as a ground for divorce

Your spouse may amend the case to seek a divorce on the ground of adultery. South Carolina courts require adultery to be proven by a clear preponderance of the evidence. It can be shown by circumstantial evidence that proves both the inclination and the opportunity to commit adultery. For example, evidence that a spouse and a new partner spent nights together at the same home could be used to show opportunity, and messages or photos may be used to show inclination.

Learn more in Adultery and Divorce in South Carolina.

Risk 3: Property division

Marital misconduct is one of the 15 factors a judge weighs when dividing property under S.C. Code § 20-3-620(B), if it affected the family’s finances or caused the breakup. Misconduct that happens after a temporary order, a signed settlement agreement or a permanent order is not considered under this factor.

Spending is a separate concern. Using marital money on a new partner, such as dinners, trips or gifts, can be raised as wasting marital assets. Keep your spending on any new relationship separate from marital funds.

Risk 4: Custody and the children

Custody is decided by the child’s best interest, using factors listed in S.C. Code § 63-15-240(B). A new relationship is not automatically held against a parent. But the court may look closely at how it affects the children, such as:

• Introducing a new partner to the children early in the process
• A partner staying overnight while the children are present
• Time spent with a partner instead of with the children
• The new partner’s background or behavior around the children

Temporary or final orders sometimes include restrictions on overnight guests when the children are present. Read more about the best interest standard.

Risk 5: Settlement leverage and cost

Even when dating does not change the legal outcome, it can raise the temperature. A spouse who feels betrayed may be less willing to settle. Proving or disputing adultery can add investigation, discovery and hearing time. Those costs come out of the same family budget.

What about cohabitation and alimony after the divorce?

If you already receive periodic alimony from an earlier order, a new relationship can affect it in a different way. Periodic alimony ends if the recipient remarries or engages in “continued cohabitation,” which generally means living with another person in a romantic relationship for 90 or more consecutive days. A court must make that finding, and the court can look past short breaks used to avoid the 90 days. See our page on the cohabitation rule.

Social media and messages

Dating apps, photos, check-ins and texts are often the first evidence a spouse finds. Assume anything you post or send could be shown to a judge. Do not delete existing posts or messages to hide them without talking to a lawyer, since destroying evidence can create its own problems. Our guide to social media and your South Carolina divorce has more tips.

Practical guidance if you are considering dating

• Talk with your lawyer first, especially if alimony is at issue for either of you.
• Consider waiting until a settlement agreement is signed or the divorce is final.
• Keep any new partner away from the children until the case is resolved.
• Do not spend marital money on a new relationship.
• Stay off dating apps and keep social media private and quiet.
• Do not move in with a new partner during the case.

If your spouse is dating

If you believe your spouse has started a new relationship, write down what you know, including dates and sources, and tell your lawyer. Do not hack accounts, install tracking apps or record conversations without legal advice, because some methods of gathering evidence are illegal and can backfire. Your lawyer can explain lawful ways to gather proof, including discovery.

For more on every stage of the process, visit the South Carolina Divorce Guide.

Frequently Asked Questions

Is it adultery to date after we separate in South Carolina?

A sexual relationship before the final decree can be treated as adultery, because you are still legally married. Separation alone does not change that.

When is it safe to date during a divorce in SC?

For alimony, the statutory bar applies to adultery before the earlier of a signed written settlement agreement or a permanent order. A temporary order does not end the bar. Talk with your lawyer about your timing.

Can dating affect custody in South Carolina?

It can if it affects the children. Courts focus on the child’s best interest, so introducing a partner early or overnight stays with the children present may draw attention.

My spouse is dating. Does that help my case?

It may be relevant to grounds, alimony or property, depending on the facts and the evidence. Adultery must be proven by a clear preponderance of the evidence, so talk to a lawyer about lawful ways to gather proof.

Does living with a new partner end alimony?

For periodic alimony after a divorce, continued cohabitation, generally 90 or more consecutive days living with a romantic partner, can end it once the court makes that finding.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce, alimony and property)
• S.C. Code Title 63, Chapter 15 (Custody and visitation)