Alimony in South Carolina: Types, Qualifications, and How Courts Decide

By Mary Ann Hall, Hall & Means, LLC

Alimony in South Carolina is not automatic — whether you qualify, how much, and for how long depends on the multi-factor analysis SC Code § 20-3-130 directs the Family Court to perform. At Hall & Means in Charleston, we help clients understand which type of alimony fits their situation before they walk into settlement negotiations or a final hearing.

The Main Types of Alimony in South Carolina

SC Code § 20-3-130(B) authorizes several forms of spousal support — periodic, lump-sum, rehabilitative, and reimbursement alimony, plus separate maintenance and support and other forms the court may order. Four types come up most often:

1. Permanent Periodic Alimony

Regular ongoing payments with no fixed end date. Periodic alimony generally terminates on the remarriage or continued cohabitation of the supported spouse, or the death of either spouse, and South Carolina’s continued-cohabitation rule can terminate it as well (see below). “Permanent” is informal shorthand — this is periodic alimony, and 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. It is more common after long marriages where one spouse has been out of the workforce for an extended period and the income disparity between the parties is significant.

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. Under SC Code § 20-3-130(B)(3), rehabilitative alimony can also be modified based on unforeseen events that frustrate the supported spouse’s good-faith efforts to become self-supporting, or that affect the paying spouse’s ability to pay — it is not modified simply because things went faster or slower than planned.

Example: a parent who left a nursing career to raise children might seek rehabilitative alimony while completing a recertification program, after which they would be expected to return toward 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):

1. Duration of the marriage, together with the ages of the parties at the time of the marriage and at the time of the divorce
2. Physical and emotional condition of each spouse
3. Educational background of each spouse, together with the need for additional training or education to achieve that spouse’s income potential
4. Employment history and earning potential of each spouse
5. Standard of living established during the marriage
6. Current and reasonably anticipated earnings of both spouses
7. Current and reasonably anticipated expenses and needs of both spouses
8. Marital and nonmarital properties of the parties, including those apportioned in the divorce
9. Custody of the children — particularly where circumstances make it appropriate that the custodian not be required to work outside the home or that employment be limited
10. Marital misconduct or fault of either or both spouses — including the conditional adultery bar discussed below
11. Tax consequences resulting from the form of support awarded
12. Existence and extent of any support obligation from a prior marriage
13. Other factors the court considers relevant

The Adultery Bar: The Rule That Catches Many People Off Guard

SC Code § 20-3-130(A) contains one of the most consequential rules in South Carolina family law — and it is conditional on timing. No alimony may be awarded to a spouse who commits adultery before the earliest of two cutoff events. When the bar applies, it applies regardless of the length of the marriage, the income disparity, or otherwise compelling circumstances for support.

The two statutory cutoff events are:

• The formal signing of a written property or marital settlement agreement, or
• Entry of a permanent order of separate maintenance and support, or a permanent order approving a property or marital settlement agreement

The practical trap is the separation period: adultery after the parties separate but before one of the two cutoff events can still trigger the bar — and many people do not realize that when they begin new relationships during the separation year. Adultery after the cutoff, by contrast, does not bar alimony. If you are separated and considering a new relationship, consult with your attorney first; the timing analysis is precise and the consequences can be severe.

Conversely, if your spouse committed adultery, that fact does not automatically entitle you to alimony — but if the adultery occurred before the statutory cutoff and can be proven, it bars them from receiving alimony from you. Marital misconduct is also one of the § 20-3-130(C) factors the court weighs in any alimony analysis.

Cohabitation: When Alimony Terminates

Periodic alimony in South Carolina generally terminates on the remarriage or continued cohabitation of the supported spouse, or the death of either spouse — the state’s continued-cohabitation rule is discussed below. Under S.C. Code § 20-3-150, residing with a romantic partner for 90 or more consecutive days can constitute continued cohabitation. Termination is not self-executing: the paying spouse must return to court and prove it. A new roommate or a dating relationship that does not rise to continued cohabitation does not trigger termination.

The paying spouse bears the burden of proving continued cohabitation, and courts look at the duration and nature of the relationship — including whether the couple periodically separates in an attempt to circumvent the rule.

How Much Alimony Will the Court Award?

Unlike child support, South Carolina has no formula or worksheet for calculating alimony. The amount is discretionary and fact-specific, guided by the 13 statutory factors above — the parties’ incomes and expenses, the standard of living during the marriage, the duration of the marriage, and the rest. Because no two cases weigh the factors identically, be wary of any rule of thumb, percentage, or predicted number you read online: the honest answer is that the amount depends on your facts, the evidence presented, and the judge.

What we can do in a confidential consultation is walk through the factors with your actual financial declarations and talk candidly about how they cut in your situation — without promising a number no one can promise.

Frequently Asked Questions

How long does alimony last in South Carolina?

It depends on the type awarded. Periodic alimony generally continues until either spouse dies or the recipient remarries, and continued cohabitation (90 or more consecutive days with a romantic partner, § 20-3-150) can end it. Rehabilitative alimony has a set end date. Lump-sum alimony ends when the total amount is paid. Duration of the marriage is one of the statutory factors the court weighs — the statute sets no fixed year threshold for any type of alimony.

Can alimony be modified after the divorce?

Yes, but the standard differs by type. Periodic alimony can be modified based on a substantial change in circumstances—a significant change in either party’s income, loss of employment, retirement, or disability. Rehabilitative alimony has a narrower standard under § 20-3-130(B)(3): modification requires an unforeseen event that frustrates the supported spouse’s good-faith rehabilitation efforts or the paying spouse’s ability to pay. Lump-sum and reimbursement alimony are generally not modifiable once set.

Is alimony taxable income in South Carolina?

Tax treatment depends on federal law and on when your agreement was executed, and it can materially affect negotiation strategy — in fact, tax consequences are one of the § 20-3-130(C) factors the court itself considers. Tax questions are outside the scope of this article: ask a tax professional, alongside your family-law attorney, how an award would be treated in your specific situation.

Can I get alimony if I was married for only a few years?

Possibly. Alimony is available to either spouse, and the statute sets no minimum marriage length — but duration of the marriage is one of the factors the court weighs, and it matters. In shorter marriages, time-limited rehabilitative alimony for a specific transition period is often a more realistic request than long-term periodic support, though every case turns on its own facts.

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.

Request a Confidential Consultation With a Charleston Family Law Attorney

Every family’s situation is different, and the right next step depends on your facts. If you would like to talk through your situation confidentially and without obligation, call Hall & Means at (843) 377-1341 or inquire online. We will listen first, then explain your options in plain language.

Hall & Means, LLC serves clients in Charleston and the South Carolina Lowcountry, including Charleston County in the 9th Judicial Circuit and neighboring Dorchester County in the 1st Judicial Circuit. The legal framework discussed here applies statewide in South Carolina.

About the Author

Mary Ann Hall is a founding partner at Hall & Means, LLC with more than 20 years of family-law experience. 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.

Read Mary Ann’s full bio →  |  Request a Confidential Consultation

This article is general legal information, not legal advice, and does not create an attorney-client relationship. South Carolina law changes and every case turns on its specific facts. Consult a licensed South Carolina family-law attorney about your situation. (Attorney advertising — SC RPC 7.1.)