Alimony in South Carolina: Types, Qualifications, and How Courts Decide
By Mary Ann Hall, Hall & Means, LLC
Alimony in South Carolina is not automatic, and it is not available in all divorces. Whether you are entitled to it, how much, and for how long depends on a multi-factor analysis that SC Code § 20-3-130 directs the Family Court to perform. Understanding the main types of alimony available in South Carolina—and the factors that determine whether you qualify—is essential before you walk into settlement negotiations or a final hearing in the Charleston County Family Court.
The Main Types of Alimony in South Carolina
SC Code § 20-3-130(B) authorizes several forms of spousal support. The four most commonly awarded are:
1. Permanent Periodic Alimony
Regular monthly payments that continue indefinitely—until the supported spouse dies, remarries, or cohabitates with a romantic partner on a continuous basis. Permanent periodic alimony is most common in long marriages (generally 15 years or more) where one spouse has been out of the workforce for an extended period and the income disparity between the parties is significant. It is not “permanent” in the sense that it can never change—either party can move to modify or terminate it if circumstances change substantially.
2. Rehabilitative Alimony
Time-limited support designed to help the supported spouse become self-sufficient. Typically awarded when the recipient needs to complete education or job training to re-enter the workforce at a sustainable income level. The court sets a specific end date based on a realistic rehabilitation plan. If the supported spouse achieves self-sufficiency before the end date, the paying spouse can move to terminate early; if rehabilitation takes longer than expected, the supported spouse can move to extend.
Example: a parent who left a 10-year nursing career to raise children may be awarded rehabilitative alimony for 2–3 years while completing a recertification program, after which they are expected to return to their prior income level.
3. Reimbursement Alimony
A payment (lump sum or periodic) to compensate one spouse for supporting the other through a degree or professional licensure program during the marriage, where the marriage ends before the supporting spouse could benefit from the financial returns of that investment. If you worked and paid for your spouse’s medical school, law school, or MBA while they were a student, reimbursement alimony may be appropriate. It is less commonly awarded than permanent or rehabilitative alimony but can be significant in the right case.
4. Lump-Sum Alimony
A fixed total amount paid either in one payment or in installments, representing the entire alimony obligation. Unlike periodic alimony, lump-sum alimony does not terminate on remarriage or cohabitation—once the full amount is paid, the obligation is discharged. Courts use it to achieve finality, particularly when the paying spouse’s income is irregular, when there is concern about future enforcement, or when both parties prefer a clean break over an indefinite ongoing obligation.
Who Qualifies for Alimony in South Carolina?
Alimony is available to either spouse. It is not gendered under South Carolina law. Whether you qualify depends on the 13-factor analysis in § 20-3-130(C):
- Duration of the marriage — the single most heavily weighted factor; longer marriages are far more likely to produce alimony awards
- Physical and emotional condition of each spouse
- Educational background, training, employment skills, work history, and earning potential of each spouse
- Standard of living established during the marriage
- Current and reasonably anticipated earnings of both spouses
- Extent and nature of parental responsibilities — a primary custodial parent of young children has reduced earning capacity and that is factored in
- Comparative financial resources — assets from equitable distribution, income from property, etc.
- Marital misconduct or fault of either spouse — the most significant application is the adultery bar discussed below
- Tax consequences of the alimony award
- Prior support obligations of either spouse
- Custody arrangements — particularly if one parent is the primary caregiver and that limits their working hours
- Each spouse’s ability to maintain health insurance
- Any other relevant factor
The Adultery Bar: The Rule That Catches Many People Off Guard
SC Code § 20-3-130(A) contains one of the most significant rules in South Carolina family law: a spouse who commits adultery before a written settlement agreement or a permanent order of separate maintenance cannot receive alimony. When it applies, the bar is unforgiving — it applies regardless of the length of the marriage, the income disparity, or otherwise compelling circumstances for support.
The adultery bar is triggered before:
- The date of formal signing of a written property or marital settlement agreement, or
- Entry of a permanent order of separate maintenance and support or a final divorce decree
This means adultery during the marriage bars alimony. Adultery after the parties separated but before either of the two above events also bars alimony. Many clients do not realize this and begin new relationships during the separation year — before the divorce is final. If you are separated and considering a new relationship, consult with your attorney before acting. The consequences can be permanent and financially severe.
Conversely, if your spouse committed adultery, that fact does not automatically entitle you to alimony — but it does bar them from seeking alimony from you, and it strengthens your overall alimony claim by placing their fault in the § 20-3-130(C)(8) factor column.
Cohabitation: When Alimony Terminates
Permanent periodic alimony and rehabilitative alimony in South Carolina automatically terminate when the supported spouse remarries or cohabitates with a romantic partner on a continuous basis. “Cohabitation” under SC law means living with a person in a romantic relationship with the attributes of a married couple—sharing finances, co-mingling property, and presenting as a household unit. A new roommate or a dating relationship that doesn’t rise to cohabitation does not trigger termination.
The paying spouse bears the burden of proving cohabitation. Courts look at factors including shared residence, shared finances, and the duration and nature of the relationship. Monitoring and investigating a former spouse for cohabitation purposes is a legitimate use of private investigator services in South Carolina divorce practice.
How Much Alimony Will the Court Award?
Unlike child support, South Carolina has no formula or worksheet for calculating alimony. The amount is entirely discretionary, guided by the 13 factors above. In practice, Charleston Family Court judges often use the difference in the parties’ monthly net incomes as a starting point and then adjust based on the factors—but this is not a rule, and judges vary considerably in their approach.
A rough practical illustration: in a 20-year marriage where one spouse earned $9,000/month net and the other earned $1,500/month net — a difference of about $7,500 — a Charleston judge might award permanent periodic alimony in the range of $1,500–$1,875/month. As a rough rule of thumb, awards tend to fall at or below roughly 25% of the difference between the parties’ net incomes, rather than an amount that equalizes the two. This figure is illustrative; actual results depend heavily on the specific facts, the quality of evidence presented, and the particular judge.
Frequently Asked Questions
How long does alimony last in South Carolina?
It depends on the type awarded. Permanent periodic alimony continues until the recipient dies, remarries, or cohabitates. Rehabilitative alimony has a set end date. Lump-sum alimony ends when the total agreed amount is paid. The length of the marriage is the most significant factor—courts rarely award permanent alimony in marriages under 10 years.
Can alimony be modified after the divorce?
Yes, for permanent periodic and rehabilitative alimony. Either party may petition the court to modify the amount or duration if there has been a substantial change in circumstances—a significant change in either party’s income, loss of employment, retirement, or disability. Lump-sum alimony cannot be modified once the amount is set in the final decree.
Is alimony taxable income in South Carolina?
Federal tax law changed in 2019 (Tax Cuts and Jobs Act): for divorce agreements executed after December 31, 2018, alimony is no longer deductible by the payer or taxable as income to the recipient. For divorce agreements executed before that date, the old rules (deductible/taxable) still apply unless the agreement is modified. South Carolina conforms to federal tax treatment for purposes of SC income tax. The tax status of alimony is a significant factor in negotiating alimony amounts.
Can I get alimony if I was married for only a few years?
Possibly, but it is much less likely. Duration of the marriage is the most heavily weighted factor. For short marriages (under 5 years), courts rarely award long-term alimony. Rehabilitative alimony for a specific transition period is more realistic in short marriages than permanent periodic support.
For a complete picture of the divorce process, see our guides on equitable distribution in South Carolina, protecting yourself financially before filing, and grounds for divorce in South Carolina.
Hall & Means, LLC represents clients throughout the Tri-County Lowcountry — Charleston, Berkeley, and Dorchester counties, served by the 9th and 1st Judicial Circuits — and on a case-by-case basis in surrounding counties. The legal framework discussed here applies statewide in South Carolina.
About the Author
Mary Ann Hall is a founding attorney at Hall & Means, LLC and one of Charleston’s most experienced family law advocates. She is licensed to practice in South Carolina and has built her career advocating for clients and their rights in divorce, custody, alimony, and family law proceedings throughout the Lowcountry.