In a decision substantially at odds with prevailing law in Nevada under the Rodriguez case, the Court of Appeals of South Carolina affirmed a lower court ruling that a wife’s claim for alimony was properly denied when her husband established her infidelity by a clear preponderance of the evidence.
In the South Carolina divorce case of Mick-Staggs v. Skaggs, a divorcing husband presented multiple witnesses – including the wife herself through text messages – which corroborated that wife consumed significant amounts of alcohol on the night of her birthday, was affectionate with a man throughout the evening, and that the man later spent extended time alone with wife in her home. This conduct was sufficient to establish that wife committed adultery and that her claim for alimony was barred in a South Carolina court.
The holding in Mick-Skaggs is adverse to the status of the family law in Nevada since 2000’s Rodriguez decision, which clearly indicates that marital misconduct or fault-based analysis is not “a sword to punish the wrongdoer” or a “prize to award virtue.” In Nevada, marital fault is not a relevant factor to be considered in either awarding alimony or adjudicating property distribution. The opposition of these concepts amply illustrates how different legal traditions and jurisprudence can be between states.