Clients often ask our Charleston divorce lawyers common questions about alimony in South Carolina. In this article, we explain alimony, the types of alimony in South Carolina, how the family court calculates alimony, whether alimony can be changed (such as when you retire), and much more.
In other words, we have compiled answers to many frequently asked questions about alimony to save you time and money before you meet with a divorce attorney. So how does alimony work in South Carolina?
Quick Answer: Alimony in South Carolina is support one spouse pays the other when the family court awards it after weighing statutory factors, such as the length of the marriage, each spouse’s income and earning potential, the standard of living, and marital fault. There is no formula. Periodic alimony usually ends at either spouse’s death, the recipient’s remarriage, or continued cohabitation, and it can be modified for changed circumstances. Adultery before certain statutory cutoff events bars alimony for the offending spouse.
Table of Contents
- What is Alimony in South Carolina?
- What are the Types of Alimony in South Carolina?
- How Does the Family Court Calculate Alimony in South Carolina?
- Does Adultery Bar Alimony in South Carolina?
- Can You Get Alimony While Your Divorce Is Pending?
- Can I Change My Alimony in South Carolina?
- Can I Lose My Alimony in South Carolina if I Live with My Boyfriend or Girlfriend?
- Can I Reduce or Stop Paying Alimony in South Carolina When I Retire?
- What Happens if I Fail to Pay Alimony in South Carolina?
- How Can a Charleston Divorce Lawyer Help With Alimony?
What is Alimony in South Carolina?
Alimony in South Carolina is financial support that one spouse pays the other if a family court judge decides the receiving spouse is entitled to and needs monetary assistance. S.C. Code Section 20-3-120 provides that, in a divorce action, either party may ask for alimony and suit money, including temporary alimony and suit money, and the court must allow a reasonable sum if the claim appears well-founded.
S.C. Code Section 20-3-130 states that in a South Carolina divorce or separate-maintenance action, the court may grant alimony or separate maintenance and support, temporarily or permanently, in amounts and for a term it considers just under the circumstances of the parties and the nature of the case.
Alimony substitutes for the support a spouse receives while married and is designed to place that spouse, as nearly as practical, in the position of support he or she received during the marriage. In other words, you may be entitled to alimony if you can show the family court that you depend financially on your spouse and, without alimony, cannot sustain your way of life.
As a side note, South Carolina law provides that alimony should not discourage you from finding work. However, if your skills are limited or you lack the training or education to earn a reasonable income, you may be entitled to alimony in your divorce.
What are the Types of Alimony in South Carolina?
South Carolina law recognizes several types of alimony: periodic (often called permanent), rehabilitative, reimbursement, lump sum, separate maintenance and support, and any other form of support the court considers just. The following table summarizes them:
| Type of Alimony | Purpose | How Long It Lasts |
|---|---|---|
| Periodic | Ongoing support to help the supported spouse maintain the standard of living from the marriage | Until either spouse dies, the supported spouse remarries or engages in continued cohabitation, or the court terminates or modifies it based on changed circumstances; support may be secured beyond the payor’s death |
| Rehabilitative | Support while a spouse gains training, education, or work experience to become self-supporting | A finite sum, with termination upon specified events; it may be modified if unforeseen events frustrate good-faith efforts to become self-supporting or affect the payor’s ability to pay |
| Reimbursement | Repayment to a spouse who supported the other through education or training | A finite sum, paid at once or over time; it ends upon the supported spouse’s remarriage or continued cohabitation or either spouse’s death, subject to statutory provisions for security, but not upon a later change in circumstances |
| Lump sum | A fixed total payment | Paid in one installment or over time; terminates upon the supported spouse’s death, but not upon remarriage or changed circumstances |
| Separate maintenance and support | Periodic support while spouses live apart but are not divorced | Until the parties divorce, the supported spouse engages in continued cohabitation, either spouse dies (subject to statutory provisions for security), or the court terminates or modifies it based on changed circumstances |
| Other forms of support | Any other form of support the court considers just | As set by the court |
1. Periodic (Permanent) Alimony in South Carolina
Periodic alimony is the preferred type of alimony in family court. Periodic alimony continues until the payor’s death, the recipient’s death, the recipient’s remarriage, or the recipient’s continued cohabitation with another person in a romantic relationship for ninety (90) or more consecutive days, unless the parties agree otherwise in writing. The court may also terminate or modify periodic alimony based on changed circumstances, and may require security to provide support beyond the payor’s death.
The court may find continued cohabitation even if the couple lives together for shorter periods and periodically separates to circumvent the ninety-day requirement. A few overnight visits usually do not constitute cohabitation for the purpose of stopping alimony payments.
2. Rehabilitative Alimony in South Carolina
Rehabilitative alimony refers to alimony given to a spouse so the spouse may “rehabilitate” herself or himself by acquiring greater earning power or training to become self-supporting. Rehabilitative alimony also might be given to a parent staying home with young children until it is considered appropriate for the parent to work outside the home.
There is no uniform time when parents are automatically expected to work outside the home, but when the youngest child is in school full-time is a common time for the parent to resume work.
Rehabilitative alimony is awarded in a finite sum, payable at once or periodically, and may have an ending date tied to an event such as completing job training or education. It may be modified if unforeseen events frustrate the supported spouse’s good-faith efforts to become self-supporting or affect the supporting spouse’s ability to pay. It also ends upon the supported spouse’s remarriage or continued cohabitation or either spouse’s death, unless support is secured beyond the payor’s death.
3. Reimbursement Alimony in South Carolina
Reimbursement alimony, as the name implies, reimburses one spouse based on circumstances or events that occurred during the marriage. For example, if one spouse helped put the other spouse through college or a training program and the couple divorced soon after the program ended, the spouse who supported the family during that period might be able to obtain reimbursement alimony as payback for the resources spent.
A classic example is a nurse who marries a medical student and supports the family while the medical student finishes medical school (and perhaps a residency program). If the couple divorces soon after the medical student completes training, the nurse might be entitled to reimbursement alimony to compensate for the resources used during the training program, depending on the circumstances and the court’s consideration of the statutory factors.
In this case, reimbursement alimony is not necessarily awarded because the nurse needs funds for day-to-day support (since the nurse would seem to be self-supporting). Instead, the court may award alimony as an equitable payback for supporting the spouse through medical school.
Alternatively, a court could award the supporting spouse a substantial majority of the marital property as compensation. But in many cases where one spouse has just completed a training program, the couple has not accumulated many marital assets. So, the court may award reimbursement alimony. Reimbursement alimony may be paid over time.
Reimbursement alimony generally ends upon the supported spouse’s remarriage, continued cohabitation, or either spouse’s death, but it is not terminable or modifiable merely because circumstances later change; the court may secure support beyond the payor’s death.
4. Lump-Sum Alimony in South Carolina
Lump-sum alimony, or alimony in gross, refers to a fixed total amount payable in one installment or over time. It does not end upon the recipient’s remarriage and cannot be terminated or modified based on changed circumstances. Under the statute, however, it terminates upon the supported spouse’s death.
5. Separate Maintenance and Support in South Carolina
Separate maintenance and support is, essentially, the same as periodic alimony in that it is paid on a recurring basis. The difference is that separate maintenance and support is paid even though the parties are not divorced, but they are living separately.
Under the statute, separate maintenance and support terminates upon divorce, the supported spouse’s continued cohabitation, or either spouse’s death (subject to provisions securing support beyond the payor’s death), and it may be terminated or modified based on changed circumstances.
How Does the Family Court Calculate Alimony in South Carolina?
Under South Carolina law, there is no formula for calculating alimony. Because each marriage is different, no two cases are entirely alike, and alimony awards in South Carolina can vary from case to case. Instead of using a formula, the family court considers several factors about each party and their marriage to decide the amount of alimony.
The following table summarizes the factors the family court uses to decide alimony in South Carolina:
| Factor | What the Court Considers |
|---|---|
| The marriage’s duration and the parties’ ages | The length of the marriage and each spouse’s age at marriage and at divorce or in the separate-maintenance action. |
| Physical and emotional conditions | Each spouse’s physical and emotional condition. |
| Educational background | Each spouse’s income-earning potential, including any need for additional training or education to achieve it. |
| Employment history and earning potential | Each spouse’s work history and potential to earn income. |
| Standard of living during the marriage | The standard of living established during the marriage. |
| Current and reasonably anticipated earnings | Each spouse’s present earnings and reasonably anticipated future earnings. |
| Current and reasonably anticipated expenses and needs | When compared with earnings, expenses help the court understand the parties’ actual financial situations. |
| Marital and nonmarital properties | Each spouse’s marital and nonmarital property, including property apportioned in the divorce or separate-maintenance action. |
| Custody of the children | Whether the custodial parent should stay home with the children or work on a limited basis outside of the home. |
| Marital misconduct or fault | Whether misconduct, such as adultery or physical cruelty, affected the parties’ economic circumstances or contributed to the breakup of the marriage, subject to the statutory cutoff for considering conduct. |
| Tax consequences | The tax consequences to each spouse of the particular form of support awarded. |
| Support obligations from a prior marriage | The existence and extent of either spouse’s support obligations from a prior marriage or for any other reason. |
| Other relevant factors | A “catch-all” that allows the court to consider other factors it deems important. |
Under current federal tax law, alimony paid under a divorce or separation agreement executed after 2018 is generally not taxable to the receiving spouse and not tax-deductible for the spouse paying alimony. The same treatment may apply to an earlier agreement modified after 2018 if the modification expressly adopts the new tax rules. For more details, see the IRS guidance on alimony and separate maintenance.
Each spouse must also file a financial declaration listing income, expenses, assets, and debts. Our article on the financial declaration in South Carolina explains why that document matters so much in an alimony case.
Does Adultery Bar Alimony in South Carolina?
Yes, if the spouse seeking alimony commits adultery before the statutory cutoff. Under S.C. Code Section 20-3-130(A), no alimony may be awarded to a spouse who commits adultery before the earliest of the formal signing of a written property or marital settlement agreement, or the entry of a permanent order of separate maintenance and support or a permanent order approving a property or marital settlement agreement.
Adultery by the paying spouse does not bar alimony, but the court may consider it as marital fault in deciding the amount, subject to the statutory cutoff for considering misconduct. Because adultery is usually proven through circumstantial evidence, our article on how to prove adultery in South Carolina explains what the court looks for.
Can You Get Alimony While Your Divorce Is Pending?
Yes. Either spouse can ask the family court for temporary alimony, sometimes called alimony pendente lite, while the divorce is pending. The court usually decides the request at a temporary hearing based on affidavits and financial declarations rather than live testimony.
Temporary alimony generally remains in place until the final hearing or an agreement resolves the case, unless the court changes it earlier. Our article on temporary hearings in South Carolina explains how to prepare for that hearing.
Can I Change My Alimony in South Carolina?
Unless a court-approved written agreement between the parties says otherwise (that alimony is “non-modifiable”), periodic alimony payments can be adjusted up or down based on a substantial change in circumstances. If the recipient gets a well-paying job or receives significant money from another source, that could be grounds to reduce alimony payments.
If the recipient incurs unexpected medical expenses (that are not covered by insurance), that might be a basis for increasing alimony payments if the spouse paying alimony has the ability to pay more. A drop in the payor’s income, including at retirement, can be a basis for reducing alimony.
Courts may examine the reason for the income decline. If the drop in the payor’s income is in good faith or not the payor’s fault, the court is more likely to approve a reduction in alimony. If the drop in income seems to have been engineered by the payor to create a basis for reducing alimony, the court is more likely to disapprove of a reduction. For more information, read our article on how to change alimony in South Carolina.
Can I Lose My Alimony in South Carolina if I Live with My Boyfriend or Girlfriend?
Under South Carolina law, an ex-spouse’s periodic alimony may be terminated when that person “resides with another person in a romantic relationship for a period of ninety or more consecutive days.” This circumstance is known as “continued cohabitation,” unless the parties agree otherwise in writing.
The court may also find continued cohabitation “if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.” Proving cohabitation isn’t easy. Often the supported spouse and their partner will maintain separate residences, even if they spend almost every night together.
In McKinney v. Pedery, the South Carolina Supreme Court reversed a decision terminating an ex-husband’s alimony for “continued cohabitation” with his girlfriend. Although she spent Wednesday afternoon through Monday morning at his house each week for months, she stayed at her son’s home for the rest of each week to care for her grandchildren.
The Supreme Court concluded that the evidence did not establish ninety consecutive days under the same roof or that the couple periodically separated to evade the statutory requirement. We discuss this issue in greater detail in our article on cohabitation and alimony in South Carolina.
Can I Reduce or Stop Paying Alimony in South Carolina When I Retire?
Supporting spouses who want to retire risk still paying alimony they can no longer afford after retirement. Family court lawyers and judges often differ on whether a supporting spouse’s retirement is a sufficient basis to change or reduce alimony. In other words, take the same case and place it before a dozen different judges, and the spouse will not get the same outcome twelve times.
South Carolina’s statute has been amended to help address this dilemma. Specifically, S.C. Code Section 20-3-170 provides that retirement by a supporting spouse is sufficient grounds to warrant a hearing, if a party requests one, to evaluate whether circumstances affecting alimony have changed in South Carolina. Retirement does not automatically reduce or terminate alimony. The statute provides that the family court must consider the following factors:
- whether retirement was contemplated when alimony was awarded;
- the supporting spouse’s age;
- the supporting spouse’s health;
- whether the retirement is mandatory or voluntary;
- whether retirement would result in a decrease in the supporting spouse’s income; and
- any other factors the court sees fit.
Despite these changes, the family court still has significant discretion on this issue, so different judges may still take different positions on a request to reduce or end a retiree’s alimony. For more details, read our article on whether alimony stops if you retire in South Carolina.
What Happens if I Fail to Pay Alimony in South Carolina?
If you fail to pay court-ordered alimony, the consequences can be very severe. The court can issue a “Rule to Show Cause” requiring you to appear in court and explain why you have fallen behind on payments. If the court finds that you willfully violated its order, it can hold you in contempt, which may result in up to one year in a local detention facility, a $1,500 fine, 300 hours of public works, or any combination of these penalties.
Also, if a lawyer represents your spouse, the court may order you to pay the lawyer’s fees. For more information, read our article on what happens if you violate a family court order in South Carolina.
How Can a Charleston Divorce Lawyer Help With Alimony?
Alimony is one of the most contested issues in a divorce because the family court has broad discretion and the amounts can last for years. A divorce lawyer can gather the financial evidence, prepare an accurate financial declaration, address fault issues such as adultery, and negotiate or try the alimony claim. If you already have an order, a lawyer can help you seek a modification or enforce the order.
The attorneys at Futeral & Nelson have represented spouses in alimony and divorce cases in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call us at 843-284-5500 to discuss your case and your options.
