Spousal Support in South Carolina

The six types of alimony

Periodic alimony is ongoing. Courts can modify it based on changed circumstances. It ends on remarriage, continued cohabitation, or the death of either party. Lump-sum alimony works differently. It is a finite total, paid in one payment or in installments. Only the supported spouse's death can end it, not remarriage or a later change in circumstances.

Rehabilitative alimony is also finite. It helps the supported spouse reach self-sufficiency. It ends on remarriage, cohabitation, death, or a specific triggering event, such as finishing an education program. Reimbursement alimony is finite compensation for contributions made during the marriage. It ends on remarriage, cohabitation, or death, but courts cannot modify it for a change in circumstances. Separate maintenance and support covers periodic payments when a couple lives apart without seeking divorce. It ends on cohabitation, divorce, or death. A court may also award other forms of support under conditions it finds just. That gives South Carolina judges a catch-all option beyond the five named types.

Factors used to set the award

South Carolina courts weigh the marriage's duration and the parties' ages. They weigh physical and emotional condition, plus educational background and earning potential. They look at employment history and the standard of living set during the marriage.

They also look at current and anticipated earnings, and custody arrangements. Courts weigh marital misconduct that affected the couple's finances too, along with tax consequences, any prior support obligations, and any other factor they consider relevant. These same factors apply across all six alimony types. So the real difference between types comes down to duration and modifiability, not a separate factor test for each one.

The 90-day cohabitation rule

South Carolina defines continued cohabitation in specific terms. It means living with another person in a romantic relationship for 90 or more consecutive days. If a paying spouse can show that threshold was met, alimony generally ends. The law also gives courts some room here. A court can find cohabitation existed over a shorter span, if the couple appears to split up periodically just to stay under the 90-day mark.

Modification depends on the type

Whether a court can revisit an award later depends entirely on which of the six types was ordered. Periodic alimony and separate maintenance and support can be modified based on changed circumstances. Lump-sum and reimbursement alimony work differently. Courts generally cannot modify them for changed circumstances, though both can still end for reasons specific to that type, such as the recipient's death.

Where South Carolina alimony cases are filed

South Carolina files divorce and alimony matters in family court, in the county where either spouse lives. Family court handles divorce, custody, child support, and alimony together. So an alimony request is typically part of the same case as any property division and custody issues. South Carolina's Judicial Branch publishes self-help resources for people handling divorce without a lawyer. The family court clerk in the relevant county can confirm current local filing procedures and any forms required for your specific alimony type. Check with the clerk before your scheduled hearing date, since paperwork requirements can differ somewhat from one county to the next in practice.