Legal Question in Family Law in South Carolina

Re: Living with someone while seperated

You can commit adultery as long as you are still married. In other words, the legal separation does not preclude or prevent your spouse from pursuing a divorce from you on the ground of adultery.

With regard to the alimony, it could be a major factor, but more information is needed to address that issue. For instance, alimony can be terminated (even post-divorce) upon a showing that the former spouse has cohabited with a lover for over 90 days. Of course, adultery is also a bar to receiving alimony in certain situations.

As for the children, most judges believe that having a live-in lover, particularly while still married to someone else, creates an "immoral environment" which is not in the children's best interest. Therefore, it can be a huge factor in a custody or visitation case.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens