Alimony in SC: How It Works

When can you get alimony in a South Carolina divorce? 

What if you were married for ten years, gave up your job, and raised the children while your spouse pursued their career? Twenty years? Will you have to go to work at a minimum wage, entry-level job now to make ends meet and support your kids? 

Are you entitled to alimony as part of your divorce proceedings? 

Below, we will take a look at South Carolina law on alimony, including:

• The factors the courts use to decide whether you can get alimony in South Carolina,
• The effect of adultery on alimony awards,
• The different types of alimony in South Carolina, and
• How long alimony payments last. 

What You Need to Know About Alimony in South Carolina

Alimony is not guaranteed in a South Carolina divorce case. First, the court must decide whether or not it will award alimony. After that determination it will award a specific amount.

What Determines if You Will Get Alimony in a South Carolina Divorce? 

How does the court decide if you will get alimony in South Carolina? 

When the court decides whether to award child support, there are concrete guidelines that the judge follows to calculate the amount of child support a custodial parent is entitled to, but there are no “South Carolina alimony guidelines.” 

There are statutory factors that the court must consider when determining whether alimony is appropriate, the type of alimony that is appropriate, and how much alimony should be awarded. 

Factors that the Family Court Uses to Decide Alimony

The family court has discretion in alimony awards, but SC Code § 21-3-130(C) contains a list of factors that the court “must consider and give weight in such proportion as it finds appropriate,” including:

• The duration of the marriage,
• The age of the parties at the time of marriage and at the time of divorce,
• Each spouse’s physical and emotional condition,
• Each spouse’s educational background, 
• Whether either spouse needs additional training or education to achieve their income potential,
• Each spouse’s earning potential and work history,
• The couple’s standard of living during the marriage,
• The “current and reasonably anticipated” income of each spouse,
• The “current and reasonably anticipated” expenses of each spouse,
• The property owned by each spouse – marital and nonmarital,
• Child custody – especially where the custodial parent must forego employment or take limited employment to care for the children,
• Any marital misconduct if it 1) “affected the economic circumstances of the parties” or 2) “contributed to the breakup of the marriage, 
• Tax consequences for the type of alimony awarded,
• Any other support obligations that either spouse has, and
• Any other factors that the court thinks are relevant. 

Adultery is a Complete Bar to Alimony in South Carolina

If you are separated, can you start dating other people? 

Not so fast… 

SC Code § 21-3-130(A) says that adultery is a complete bar to alimony in South Carolina, but only if it happens before:

1. The formal signing of a written property or marital settlement agreement, or
2. The entry of a permanent order of separate maintenance and support or a permanent order approving the parties’ property or marital settlement agreement. 

Adultery is marital misconduct – it’s even one of the five grounds for divorce in South Carolina, and it’s also one of the factors the court must consider when deciding whether to award alimony in South Carolina. 

Types of Alimony in South Carolina

Alimony can be flexible, and a solution can be crafted based on the unique circumstances of each couple. 

SC Code § 21-3-130(B) lists five specific types of alimony that can be awarded, has a catch-all provision that allows the court to order any other type of arrangement that is appropriate under the circumstances, and allows the court to order more than one type of alimony when appropriate. 

The types of alimony in South Carolina include:

• Periodic alimony – payment of alimony on an ongoing basis that can be reviewed and revised by the court as needed,
• Lump-sum alimony – a set dollar amount that can be paid all at once or in installments, 
• Rehabilitative alimony – a set dollar amount that can be paid all at once or in installments, intended to allow the spouse to complete job training or education, 
• Reimbursement alimony – a set dollar amount that can be paid all at once or in installments, intended to reimburse the spouse for events that occurred during the marriage,
• Separate support and maintenance – payment of alimony on an ongoing basis, when the parties are living separately but not seeking a divorce, and
• Any other form of spousal support “under terms and conditions that the court may consider just,” including ordering more than one type of child support. 

How Long Does Alimony Last in South Carolina? 

When do alimony payments end? 

Depending on the type of alimony, it could be terminated or modified based on:

• Remarriage or continued cohabitation of the supported spouse,
• Death of the supported spouse, or
• A change in circumstances (like job loss, change in the family’s make-up, or a reduction in pay). 

Some types of alimony can be terminated or modified, and others cannot. Whether and when alimony can be terminated or modified depends on the type of alimony that was ordered:

• Periodic alimony – terminates on the remarriage or continued cohabitation of the supported spouse or the death of either spouse and can be terminated or modified based on a change in circumstances, 
• Lump-sum alimony – cannot be terminated or modified based on changed circumstances or remarriage, and terminates only on the death of the supported spouse, 
• Rehabilitative alimony – can be terminated on remarriage or continued cohabitation of the supported spouse or the death of either spouse or the occurrence of a specific future event (like completion of a college degree) and can be modified “based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony,” 
• Reimbursement alimony – can be terminated on remarriage or continued cohabitation of the supported spouse or the death of either spouse but cannot be terminated or modified based on a change in circumstances, and
• Separate support and maintenance – terminates on the remarriage or continued cohabitation of the supported spouse or the death of either spouse and can be terminated or modified based on a change in circumstances.

Questions About Alimony in South Carolina? 

If you are considering separation or divorce and believe you are entitled to receive alimony, call an experienced South Carolina divorce attorney now who can answer your questions and help to protect your rights during the process.  

Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.