Brown v. Brown

379 S.C. 271, 665 S.E.2d 174 (Ct. App. 2008)

 

RULE:

Where an ex-wife had been seen kissing a man not her husband, had admitted a relationship with him, had stated that she was in love with him and had discussed marriage with him, the ex-husband had met his burden of proving that she had committed adultery and was not eligible for alimony.

FACTS:

The ex-wife had been socializing with a man not her husband, had been seen with him -- even seen by the ex-husband -- had admitted that she loved the other man, and that she had discussed marriage with him. The trial court had found that the ex-husband had failed to show that he had met his burden of showing that she had both the inclination and the opportunity to commit adultery. The trial court thereafter awarded her alimony. There were also challenged marital property distribution decisions common to every divorce proceeding and appeal as well as an award of attorney fees against the husband. 

ISSUE:

Was it error for the trial court to find that the ex-wife had not committed adultery and to award alimony to her?

ANSWER:

Yes.

CONCLUSION:

Because the ex-husband had met his burden of showing adultery, it had been error to award the ex-wife alimony.

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