No one enters a marriage expecting it to end in divorce. Yet when divorce becomes a reality, it often carries significant financial consequences. In South Carolina, when there is a large income disparity between spouses, the lower-earning spouse may be awarded alimony, which is monetary spousal support designed to help maintain the lifestyle they were accustomed to during the marriage.
At Harvey & Battey, P.A., an experienced and trusted Beaufort, SC law firm, our family law attorneys help clients understand how alimony in SC is determined and what to expect under current state laws. South Carolina’s alimony laws take into account multiple factors, there is no one-size-fits-all formula. Our attorneys are dedicated to helping clients navigate alimony claims fairly and confidently.
How Is Alimony in SC Determined or Calculated?
South Carolina courts determine alimony on a case-by-case basis, rather than following a set formula. Judges carefully consider each spouse’s financial and personal circumstances, not just income, when deciding whether alimony is appropriate and how much should be awarded.
Some factors include earning capacity, length of marriage, health, education, and whether either party engaged in marital misconduct. Because each case is unique, working with a lawyer experienced in alimony and spousal support in SC is critical to ensure your financial needs and rights are properly represented.
Main SC Alimony Factors:
Under South Carolina Code §20-3-130, judges may consider factors such as:
- The length of the marriage
- The age and health of both spouses
- Education levels and work history of each party
- Grounds for the divorce
- Income disparity and earning potential
- Marital misconduct or fault (e.g., adultery)
Each of these elements helps the court decide whether alimony is necessary and what form it should take.
What Are the Latest SC Alimony Laws to Know?
South Carolina’s alimony laws continue to evolve to reflect fairness and changing family dynamics. While the state still allows for permanent alimony, courts increasingly favor temporary or rehabilitative support when appropriate.
Because laws can change and every case is unique, consulting a knowledgeable family law attorney ensures you have the most accurate, up-to-date guidance on SC alimony laws. Throughout this article, we’ll also address some of the most common questions surrounding alimony in South Carolina.
How Long Do You Receive Alimony in SC?
The duration of alimony depends on the type of support the court awards. Common forms of alimony in South Carolina include:
- Permanent periodic alimony: The most common type, paid in regular installments and considered ongoing, modifiable support. It typically ends upon the death of either spouse, the remarriage of the recipient, or if the recipient cohabitates with another person for 90 or more consecutive days.
- Rehabilitative alimony: Temporary support that helps a spouse become self-supporting; for instance, to pursue education, training, or re-enter the workforce to gain financial independence.
- Lump-sum alimony: The principal justification for lump sum alimony is when the reliability of the paying spouse is a concern. This type of alimony is typically paid in one lump sum or through limited installments.
- Temporary alimony: Provides short-term financial support while the divorce is still pending in court.
In most cases, the length of the marriage significantly influences how long alimony payments last.
What Is Considered a Fair Alimony Amount?
A fair alimony amount is determined by balancing one spouse’s financial need with the other’s ability to pay. Courts aim to allow both parties to maintain a lifestyle reasonably close to that enjoyed during the marriage.
Judges weigh factors like income disparity, future earning capacity, health, and ongoing living expenses. There is no universal calculation; fairness depends on the circumstances of each couple.
What Qualifies a Spouse for Alimony in SC?
A spouse may qualify for alimony in South Carolina if they:
- Earn significantly less than their spouse and need support to meet reasonable expenses
- Would face financial hardship or lifestyle decline post-divorce
- Contributed to the marriage in non-financial ways, such as raising children or managing the household
Ultimately, SC alimony factors focus on fairness and financial stability. Each case is assessed individually based on evidence presented to the court.
What Disqualifies a Spouse for Alimony in SC?
Certain circumstances can disqualify or terminate a person’s eligibility for alimony. Adultery will bar a spouse from receiving alimony under South Carolina law.
Additionally, alimony may end if the recipient spouse:
- Remarries
- Cohabitates with another person for 90 or more days
- Becomes financially independent or experiences a significant change in financial circumstances
These laws are designed to ensure alimony remains fair and reflective of current needs.
Is South Carolina a Permanent Alimony State?
Yes, South Carolina still allows permanent periodic alimony, and it remains the most common form of alimony awarded in the state. This means that the supporting spouse makes ongoing, usually monthly, payments to the supported spouse.
However, “permanent” does not necessarily mean lifetime support. Courts can modify or terminate these payments under specific conditions, such as remarriage or cohabitation. In some cases, such as shorter marriages or where the supported spouse is capable of becoming self-sufficient, judges may instead award temporary or rehabilitative alimony.
Permanent alimony is more likely in long-term marriages, where the receiving spouse has limited earning potential or significant health concerns.
Contact Our Family Law Attorneys to Get Legal Help with Alimony & Spousal Support in SC
Whether you are seeking alimony or being asked to pay it, having experienced legal counsel makes all the difference. The family law attorneys at Harvey & Battey help clients pursue fair alimony arrangements that protect their financial futures.
Our attorneys also know how to defend clients when a spouse seeks alimony they do not genuinely need. If your spouse is requesting support despite having the means to be self-supporting, our team will work diligently to protect your interests and ensure the outcome is fair.
The experienced family law team at Harvey & Battey has a wealth of knowledge and experience with alimony and spousal support and many other family law issues. At Harvey & Battey, you can rest assured that your concerns will be handled with care and in the strictest confidence by attorney Sam Scoville and his staff.
Need guidance and help now from an experienced attorney? Contact us to schedule your initial consultation with our trusted family law team.