Each case is unique and if you and your soon to be ex-spouse have a signed Marital Settlement Agreement, the language of your actual agreement could potentially provide waivers and releases to date while separated but awaiting divorce (which would likely be classified as a “defense” to an adultery claim, if raised). However, according to the state law in South Carolina, because you are legally married to someone during the separation period you could potentially give your spouse the right to use adultery against you if you are dating someone before you are legally divorced.