Alimony is one of the most contested issues in a South Carolina divorce. Whether it is awarded, how much and for how long depends on the facts of each marriage. Here is how alimony in South Carolina works and what a Sumter County Family Court judge considers.
Types of alimony in South Carolina
S.C. Code § 20-3-130 allows the Family Court to award several forms of support:
- Periodic alimony: regular payments with no set end date, typically ending on the death of either spouse or the remarriage or continued cohabitation of the supported spouse.
- Lump-sum alimony: a fixed total amount, paid at once or in installments, that generally cannot be modified.
- Rehabilitative alimony: support for a set period while the supported spouse gains education or job skills to become self-supporting.
- Reimbursement alimony: repayment to a spouse who supported the other through school or career training.
- Separate maintenance and support: support while spouses live apart but are not yet divorced.
What the court considers
There is no formula for alimony in South Carolina. The judge weighs statutory factors, including:
- How long the marriage lasted and each spouse’s age
- Physical and emotional health
- Education, employment history and earning potential
- The standard of living during the marriage
- Each spouse’s current and expected income and expenses
- Marital and nonmarital property, including how property is divided
- Custody of the children
- Marital misconduct and fault
- Tax consequences and prior support obligations
How fault affects alimony
South Carolina is one of the few states where fault directly affects support. Under § 20-3-130, a spouse who committed adultery before a written settlement or a permanent order of separate maintenance is generally barred from receiving alimony. Other misconduct can also affect the amount awarded.
When alimony ends or changes
Periodic alimony usually ends when either spouse dies or the supported spouse remarries. It can also be terminated if the supported spouse lives with a romantic partner for a continuous period set by statute. Either spouse can ask the court to modify periodic alimony if there is a substantial change in circumstances, such as a significant change in income or health.
Negotiated agreements
Many couples resolve alimony through a settlement approved by the court, often after mediation. A well-drafted agreement can give both spouses more certainty than leaving the decision to a judge, but the terms need careful review, especially whether the alimony can later be modified.
Talk with a Sumter family law attorney
Attorney John S. Keffer has handled divorce and alimony cases in Sumter County Family Court since 1999. Learn more about our divorce representation and family law practice, or schedule a consultation. Call (803) 774-1004.
The alimony statute, S.C. Code § 20-3-130, is in Title 20, Chapter 3 of the South Carolina Code.
Alimony in South Carolina FAQs
How long does alimony in South Carolina last?
It depends on the type. Periodic alimony in South Carolina can last until death, remarriage or continued cohabitation, while rehabilitative or lump-sum alimony has a defined end.
Is there a formula for alimony in South Carolina?
No. Alimony in South Carolina is decided case by case, based on factors such as the length of the marriage, income, health and fault.
Can alimony in South Carolina be modified?
Periodic alimony in South Carolina can be modified when there is a substantial change in circumstances. Lump-sum alimony generally cannot.
Does adultery affect alimony in South Carolina?
Yes. A spouse who committed adultery before a written settlement or a permanent order of separate maintenance is generally barred from receiving alimony. Fault can also influence the amount when it does not bar support entirely.
This article is general information about South Carolina law, not legal advice for your situation.
