Rutherford v. Rutherford

Toal, Justice:

This domestic action is before this Court on writ of certiorari to the Court of Appeals. Rutherford v. Rutherford, 303 S.C. 424, 401 S.E. (2d) 177 (Ct. App. 1990). This case presents three issues on appeal: (1) what is the proper standard of appellate review in domestic actions from the family courts; (2) what level of mental incapacity must be proven as to constitute a defense to adultery as a ground for divorce or bar of alimony; and (3) does an informal oral agreement of support override the statutory bar to alimony for adulterous spouses.

Respondent (“Husband”) brought this…