Current Status Bill Number:1359 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960416 Primary Sponsor:Richter All Sponsors:Richter Drafted Document Number:res9985.ler Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Cause of action for damages with marital relationships
Body Date Action Description Com Leg Involved
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Senate 19960416 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND CHAPTER 75 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS INVOLVING MISCELLANEOUS ACTS OF WRONGFUL CONDUCT, BY ADDING SECTION 15-75-25, SO AS TO ESTABLISH A CAUSE OF ACTION FOR THE RECOVERY OF DAMAGES RELATING TO INTERFERENCE WITH MARITAL RELATIONSHIPS.
Whereas, the General Assembly abolished the common law cause of action for criminal conversation by legislative enactment in 1991 (Section 15-3-150); and
Whereas the South Carolina Supreme Court abolished the common law cause of action for alienation of affections in 1992; and
Whereas, the family is an important and integral institution in our society ensuring the continued vitality and stability of our State and Nation; and
Whereas, the constitutions of our State and Nation protect contract rights of our citizens; and
Whereas, the institution of marriage is a sacred contract which deserves protection and preservation; and
Whereas, a cause of action for interference with marital relationships is an important tool in combating erosion of the sanctity of marriage, which forms the cornerstone of the family. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 75 of Title 15 of the 1976 Code is amended by adding:
"Section 15-75-25. (A) A person may maintain an action for damages arising out of interference with marital relationships. `Interference with marital relationships' means any wrongful or adulterous interference in marital relationships by a third party, during the marriage, which deprives one spouse of the affections, aid, and comfort of the other. The plaintiff in a civil action seeking to recover damages for interference in marital relationships must allege and prove that he or she is married to the party involved with the defendant. In addition, the plaintiff must allege and prove (1) sexual intercourse or other wrongful conduct between the defendant and the spouse during the marriage, (2) the plaintiff's loss of affection or consortium of the spouse, and (3) a causal connection between the defendant's conduct and the plaintiff's loss. However, no cause of action for interference with marital relationships shall be maintained by an individual who has entered into an agreement for separate maintenance containing an express waiver of such rights.
(B) No cause of action for interference with marital relationships may be maintained unless commenced within three years of the date of accrual of the cause of action.
SECTION 2. This act takes effect upon approval by the Governor, provided that the provisions of this act are not retroactive and shall apply prospectively to causes of action accruing on or after the effective date.