South Carolina Alimony 101

Alimony is financial support provided to a “dependent” spouse (lower or non-income earner) from a “supporting spouse” (primary or sole income earner) after the date of separation or date of divorce. In South Carolina, alimony can be ordered by the court or can be agreed upon between spouses in a separation agreement. It is not guaranteed that you will be granted alimony (or forced to pay alimony) in every South Carolina divorce. You may have a claim to alimony or spousal support if you were a stay-at-home spouse or lower income earner than your spouse, your spouse has the ability to pay alimony to you, and you cannot maintain the same standard of living or cover your household bills on your sole income. There are several types of alimony in South Carolina, which can be tailored to your specific situation.

​Types of Alimony

1. Permanent periodic alimony: Financial support paid in installment payments (usually monthly), can be permanent. Periodic alimony is the most common type of alimony that people think of when they think of alimony payments. This type of alimony can be terminated upon (a) remarriage of the supported spouse, (b) continuous cohabitation of the supported spouse, (c) death of either spouse, or (d) modification by a court.
2. Lump sum alimony: Fixed sum payment of financial support, paid in one installment or over time. This type of alimony cannot be modified or terminated in the future and will only be terminated upon the death of the supported spouse.
3. Rehabilitative alimony: A fixed sum to be paid in one installment or periodically, meant to “rehabilitate” a supported spouse in acquiring higher income earning power, training, or education to become financially independent. Rehabilitative alimony will only be awarded if it is likely a supported spouse could become self-supporting within a relatively short period of time. This type of alimony can be modified or terminated if (a) the supported spouse remarries, (b) the supported spouse continuously cohabitates with someone, (c) the death of either spouse, (d) the parties have an identified date to end the payments, or (e) there are unforeseen events that frustrate the good faith efforts of the supported spouse to become self-sufficient or the supporting spouse’s ability to pay.  
4. Reimbursement alimony: A fixed sum paid in one installment or periodically to a spouse to recoup the funding that spouse provided to further the other spouse’s education or career. For example, if one spouse funded the college education of another spouse, the spouse who paid for the college education could be reimbursed for that contribution. Reimbursement alimony is often paid if the spouse who was funded in his or her education or business establishment has not yet realized the full potential of their earning power that should result from the education acquired or business established. This type of alimony can be terminated upon (a) remarriage of the supported spouse, (b) cohabitation of the supported spouse, or (c) if either spouse dies, but cannot be modified later based on a change in circumstances.
5. Separate maintenance and support: Financial support payments providing for the needs of the supported spouse while the parties are separated, but no divorce is pending or sought at the time. If you are separated from your spouse and awaiting the one-year no-fault divorce requirement, you can be granted separate maintenance and support to assist in meeting your financial needs before you are eligible to file for divorce in South Carolina.

 
Duration of Alimony
There is no mathematical formula in South Carolina to determine the duration of alimony. Alimony can be permanent, last a lifetime, a one-time payment, or paid for a relatively short period of time, depending upon your unique situation.

Amount of Alimony
There is no mathematical formula or formal guidelines in South Carolina to determine the amount of alimony. The amount is determined by considering the factors listed below and each person’s individual circumstances.  

Manner of Payment of Alimony
South Carolina courts can require alimony payments to be made directly to the supported spouse or may require the payments be made through Family Court or through wage withholding.

​Factors that Affect Alimony
While there are no guidelines for the amount or duration of alimony in South Carolina, the court must consider the following factors in determining the amount and duration of an alimony award.

1. The duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties.
2. The physical and emotional condition of each spouse.
3. The educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse’s income potential.
4. The employment history and earning potential of each spouse.
5. The standard of living established during the marriage.
6. The current and reasonably anticipated earnings of both spouses.
7. The current and reasonably anticipated expenses and needs of both spouses.
8. The marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action.
9. Custody of the children, particularly where conditions or circumstances render it appropriate that the custodian is not required to seek employment outside the home, or where the employment must be of limited nature.
10. Marital misconduct or fault of either or both parties, whether or not used as a basis for divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage.
11. The tax consequences to each party as a result of the particular form of support awarded.
12. The existence and extent of any support obligation from a prior marriage or for any other reason of either party.
13. Such other factors the court considered relevant (S.C. Code Ann. § 20-3-130(C)(1)-(13)).

​Cheating Affects Alimony
In South Carolina, adultery is defined as engaging in a sexual relationship with someone who is not your spouse before you sign a final settlement agreement or before the date of your divorce. If you commit adultery as a dependent spouse, you are barred from receiving alimony in South Carolina.

If you are separating in South Carolina and are not sure if you would be entitled to alimony, or required to pay alimony, please contact us to set up your consultation. Lindsey is licensed in South Carolina to assist clients with all of their family law needs, including alimony.  

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