Alimony (spousal support) in South Carolina is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in South Carolina, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding South Carolina’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against South Carolina family law statutes as of May 2026.
In This South Carolina Alimony Guide:
Types of Alimony in South Carolina
South Carolina courts may award the following types of alimony:
- South Carolina recognizes five types of alimony under S.C. Code § 20-3-130(B): (1) Periodic alimony — regular ongoing payments
- terminable upon remarriage
- continued cohabitation
- or death of either spouse; modifiable upon changed circumstances; available only for marriages lasting at least 15 years per recent legislative proposals
- though current law has no statutory minimum; (2) Lump-sum alimony — a finite total sum paid in one installment or periodically
- terminable only upon death of the supported spouse
- NOT terminable or modifiable based on remarriage or changed circumstances; (3) Rehabilitative alimony — a finite sum paid to help the supported spouse become self-supporting
- terminable upon remarriage
- continued cohabitation
- death of either spouse
- or occurrence of a specific future event; modifiable based on unforeseen events; (4) Reimbursement alimony — a finite sum to reimburse a spouse who supported the other through education or training
- terminable upon remarriage
- continued cohabitation
- or death of either spouse
- NOT modifiable based on changed circumstances; (5) Separate maintenance and support — support ordered when parties live apart but no divorce is sought; (6) The court may also award such other form of spousal support under terms and conditions the court considers just
- and may grant more than one form of support simultaneously
How South Carolina Calculates Alimony
South Carolina does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
South Carolina courts consider these factors when determining alimony:
- Under S.C. Code § 20-3-130(C)
- the court must consider and give weight in determining the amount and term of alimony to these 13 factors: (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; (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 the spouse in the equitable division; (9) custody of the children
- particularly where conditions or circumstances render it appropriate for the custodial parent not to be employed full-time outside the home; (10) marital misconduct or fault of either or both parties
- whether or not used as a basis for the divorce; (11) the tax consequences to each party as a result of the particular form of support awarded; (12) prior support obligations of either party from a prior marriage; (13) such other factors the court considers relevant
Income disparity: YES. While the statute does not use the specific phrase “income disparity required,” the court must consider the current and reasonably anticipated earnings and expenses of both spouses (factors 6 and 7). In practice, a showing of financial need by the requesting spouse and the ability to pay by the supporting spouse is essential. Courts will not award alimony where both parties have substantially equal earning capacity and income.
Vocational evaluation: YES. South Carolina family courts may use vocational evaluations to assess a spouse’s earning capacity. Under factor (4) of § 20-3-130(C), the court considers the employment history and earning potential of each spouse. Vocational experts may be retained to evaluate qualifications, skills, education, work history, and local labor market conditions. If a spouse is voluntarily unemployed or underemployed, the court may impute income based on earning capacity as supported by vocational or financial expert testimony. This is permitted but not statutorily mandated — it is within the court’s discretion.
South Carolina Alimony Duration Guidelines
No statutory duration guidelines. Courts use judicial discretion. An informal benchmark used by some practitioners is one year of alimony for every three years of marriage, but this is not codified and judges are free to deviate. Periodic alimony is typically awarded for longer marriages, while rehabilitative or reimbursement alimony may be used for shorter marriages.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under UNVERIFIED — South Carolina does not define a statutory threshold for a short marriage. Courts are less likely to award periodic alimony for marriages under 10 years, but there is no bright-line rule.) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (UNVERIFIED — South Carolina does not define a specific statutory threshold for long-term marriages qualifying for permanent alimony. Marriages of 10 to 20+ years are more likely to result in periodic (permanent) alimony, but the decision is within the court’s discretion based on the 13 statutory factors. Pending 2025-2026 legislation (H.3074) would set 15 years as the minimum for periodic alimony, but this has not been enacted as of May 2026.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES. South Carolina allows periodic alimony, which functions as permanent alimony. Periodic alimony continues indefinitely until: (1) remarriage of the supported spouse; (2) continued cohabitation of the supported spouse with another person in a romantic relationship for 90 or more consecutive days; or (3) death of either spouse. It is also modifiable based on changed circumstances. Multiple reform bills have been introduced in 2025-2026 to limit or eliminate permanent alimony, but none have been enacted into law as of May 2026.
Modifying & Terminating South Carolina Alimony
Modification: YES. Under S.C. Code § 20-3-170, either party may apply to the court for modification, confirmation, or termination of alimony when circumstances or the financial ability of the supporting spouse have changed since the original judgment. The court shall make such order as justice and equity require, with due regard to the changed circumstances and financial ability of the supporting spouse. However, lump-sum alimony and reimbursement alimony are NOT modifiable based on changed circumstances. Periodic alimony and rehabilitative alimony are modifiable. The parties may also agree in writing, with court approval, to make any form of alimony nonmodifiable.
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Cohabitation: YES — cohabitation terminates or can terminate alimony. Under S.C. Code § 20-3-130(B), “continued cohabitation” means the supported spouse resides with another person in a romantic relationship for a period of 90 or more consecutive days. Periodic alimony and rehabilitative alimony terminate upon continued cohabitation. The court may also determine that continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than 90 days and the two periodically separate in order to circumvent the 90-day requirement. Lump-sum alimony is NOT affected by cohabitation. The paying spouse must petition the court and present evidence of cohabitation to terminate support.
Remarriage: YES — remarriage of the supported spouse terminates periodic alimony, rehabilitative alimony, and reimbursement alimony automatically by operation of law under S.C. Code § 20-3-130(B). Lump-sum alimony is NOT terminated by remarriage. Remarriage of the paying spouse does not affect the alimony obligation.
Retirement: Under S.C. Code § 20-3-170, retirement by the supporting spouse constitutes sufficient grounds to warrant a hearing to evaluate whether there has been a change of circumstances to terminate or reduce alimony. When evaluating retirement, the court considers: (1) whether retirement was contemplated at the time alimony was awarded; (2) the age of the supporting spouse at the time of retirement; (3) the health of the supporting spouse; (4) whether the retirement is mandatory or voluntary; (5) whether the retirement results in a decrease in the supporting spouse’s income; and (6) any other factors the court considers relevant. A good-faith retirement with an actual decrease in income makes a reduction more likely.
Tax Implications of South Carolina Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all South Carolina divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on South Carolina Alimony
Adultery: Adultery has a significant and absolute impact on alimony in South Carolina. Under S.C. Code § 20-3-130(A), NO alimony may be awarded to a spouse who commits adultery before the earlier of: (1) the formal signing of a written property or marital settlement agreement, or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. This is an absolute bar — the adulterous spouse receives zero alimony regardless of financial need or marriage length. Adultery by the paying spouse may be considered as marital misconduct under factor (10) and could influence the court to award more alimony, but does not bar the paying spouse from their obligation.
Other marital misconduct: YES. Marital misconduct or fault of either or both parties is one of the 13 statutory factors under S.C. Code § 20-3-130(C)(10), whether or not the misconduct was used as a basis for the divorce. Misconduct other than adultery (such as physical cruelty, habitual drunkenness, desertion) does not create an absolute bar to alimony but is weighed among all factors. The court has discretion to increase or decrease alimony based on the nature and severity of marital misconduct.
Additional South Carolina rules: (1) PENDING REFORM: Multiple alimony reform bills were introduced in the 2025-2026 SC legislative session (H.3009, H.3029, H.3074, H.3078, H.3081, H.3098, H.3104), proposing changes including eliminating periodic alimony, capping alimony at 17% of income difference, requiring 15-year minimum marriage for periodic alimony, and allowing alimony despite adultery in limited circumstances. None have been enacted as of May 2026. (2) ANTI-CIRCUMVENTION: The court may find cohabitation exists even when the 90-day threshold is not met if it determines the supported spouse and partner periodically separate to circumvent the requirement. (3) MULTIPLE FORMS: The court may award more than one form of alimony simultaneously. (4) NONMODIFIABLE BY AGREEMENT: Parties may agree in writing with court approval to make any form of alimony nonmodifiable. (5) FAULT-BASED STATE: South Carolina remains a fault-based divorce state, and fault grounds (adultery, desertion, physical cruelty, habitual drunkenness) directly affect alimony eligibility and awards. (6) NO GENDER PREFERENCE: Alimony may be awarded to either spouse regardless of gender.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- South Carolina Alimony Statute: S.C. Code Ann. § 20-3-130 (Award of alimony and other allowances); S.C. Code Ann. § 20-3-170 (Modification, confirmation, or termination of alimony; retirement by supporting spouse)
Last verified May 2026. Contact us if you notice outdated information.