How Much Alimony Can Be Awarded in South Carolina and For How Long?

Full question:

I have been married for 19 years. I earn $83,000 per year and my husband earns $38,000. I pay the college expenses for our 18 year old and I plan to support our 13 year old. Is it likely that I will be required to pay spousal maintenance to my husband and if so how long is support usually granted?

• Category: Divorce
• Subcategory: Spousal Support
• Date: 04/07/2025
• State: South Carolina

Answer:

Alimony or spousal support is an order of a court for the support of one spouse by the other spouse. Spousal support is separate from, and in addition to, the division of marital property. State law, which varies by state, governs the award of alimony to a spouse. On application of either party for spousal support, the court may decree an increase or decrease only upon a showing of a substantial and material change of circumstances. Alimony may terminate upon the death of either spouse, the marriage of the spouse receiving alimony or, if the court finds that alimony should terminate in order to avoid a harsh and inequitable result. In awarding alimony and modifying an order for the same, the court may consider factors such as the length of the marriage; the conduct pf the parties during the marriage; the age, health, station, occupation, amount and sources of income; the vocational skills and employability of the parties; the estate, liabilities and needs of each party; the opportunity of each party for future acquisition of capital assets and income; the present and future needs of any dependent children of the marriage; the contribution of each party to the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit. Judges have discretion when ordering the duration of alimony. Alimony might continue beyond the emancipation of the last child, unlike child support, which is typically determined according to a set of written guidelines and ends upon a child's emancipation. A court may award permanent or temporary alimony or both to either party. The court may order that one spouse support the other during the pendancy of the divorce action and/or after the divorce has become final. Support awarded pending the final decree of divorce is not to extend beyond the period of time necessary for the prosecution of the divorce action. In addition, the court shall also determine whether the spouse ordered to pay alimony has health insurance or whether health insurance is reasonably available. If so, the court will order that health insurance be extended to cover the other spouse or purchased for the other spouse when reasonably available.

The courts may award alimony to either spouse. Alimony may be periodic, lump sum, rehabilitative or reimbursement type. Adultery is considered by the court when making a determination as to whether alimony should be granted.

Please see the following SC statute:

§ 20-3-130. Award of alimony and other allowances.

(A) In proceedings for divorce from the bonds of matrimony, and in
actions for separate maintenance and support, the court may grant
alimony or separate maintenance and support in such amounts and for
such term as the court considers appropriate as from the circumstances
of the parties and the nature of case may be just, pendente lite, and
permanently. No alimony may be awarded a spouse who commits adultery
before the earliest of these two events: (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.

(B) Alimony and separate maintenance and support awards may be granted
pendente lite and permanently in such amounts and for periods of time
subject to conditions as the court considers just including, but not
limited to:

(1) Periodic alimony to be paid but terminating on the remarriage or
continued cohabitation of the supported spouse or upon the death of
either spouse (except as secured in subsection (D)) and terminable and
modifiable based upon changed circumstances occurring in the future.
The purpose of this form of support may include, but is not limited to,
circumstances where the court finds it appropriate to order the payment
of alimony on an ongoing basis where it is desirable to make a current
determination and requirement for the ongoing support of a spouse to be
reviewed and revised as circumstances may dictate in the future.

(2) Lump-sum alimony in a finite total sum to be paid in one
installment, or periodically over a period of time, terminating only upon
the death of the supported spouse, but not terminable or modifiable based
upon remarriage or changed circumstances in the future. The purpose of
this form of support may include, but not be limited to, circumstances
where the court finds alimony appropriate but determines that such an
award be of a finite and nonmodifiable nature.

(3) Rehabilitative alimony in a finite sum to be paid in one
installment or periodically, terminable upon the remarriage or continued
cohabitation of the supported spouse, the death of either spouse (except
as secured in subsection (D)) or the occurrence of a specific event to
occur in the future, or modifiable based upon unforeseen events
frustrating the good faith efforts of the supported spouse to become
self-supporting or the ability of the supporting spouse to pay the
rehabilitative alimony. The purpose of this form of support may include,
but is not limited to, circumstances where the court finds it appropriate
to provide for the rehabilitation of the supported spouse, but to provide
modifiable ending dates coinciding with events considered appropriate by
the court such as the completion of job training or education and the
like, and to require rehabilitative efforts by the supported spouse.

(4) Reimbursement alimony to be paid in a finite sum, to be paid in one
installment or periodically, terminable on the remarriage or continued
cohabitation of the supported spouse, or upon the death of either spouse
(except as secured in subsection (D)) but not terminable or modifiable
based upon changed circumstances in the future. The purpose of this form
of support may include, but is not limited to, circumstances where the
court finds it necessary and desirable to reimburse the supported spouse
from the future earnings of the payor spouse based upon circumstances or
events that occurred during the marriage.

(5) Separate maintenance and support to be paid periodically, but
terminating upon the continued cohabitation of the supported spouse,
upon the divorce of the parties, or upon the death of either spouse
(except as secured in subsection (D)) and terminable and modifiable
based upon changed circumstances in the future. The purpose of this
form of support may include, but is not limited to, circumstances where
a divorce is not sought, but it is necessary to provide for support of
the supported spouse by way of separate maintenance and support when
the parties are living separate and apart.

(6) Such other form of spousal support, under terms and conditions as
the court may consider just, as appropriate under the circumstances
without limitation to grant more than one form of support.

For purposes of this subsection and unless otherwise agreed to in
writing by the parties, "continued cohabitation" means the supported
spouse resides with another person in a romantic relationship for a
period of ninety or more consecutive days. The court may determine that
a continued cohabitation exists if there is evidence that the supported
spouse resides with another person in a romantic relationship for
periods of less than ninety days and the two periodically separate in
order to circumvent the ninety-day requirement.

(C) In making an award of alimony or separate maintenance and support,
the court must consider and give weight in such proportion as it finds
appropriate to all of the following 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 between the parties;

(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 him or her in the divorce or separate maintenance
action;

(9) custody of the children, particularly where conditions or
circumstances render it appropriate that the custodian not be required to
seek employment outside the home, or where the employment must be of a
limited nature;

(10) marital misconduct or fault of either or both parties, whether or
not used as a basis for a divorce or separate maintenance decree if the
misconduct affects or has affected the economic circumstances of the
parties, or contributed to the breakup of the marriage, except that no
evidence of personal conduct which may otherwise be relevant and material
for the purpose of this subsection may be considered with regard to this
subsection if the conduct took place subsequent to the happening of the
earliest of (a) the formal signing of a written property or marital
settlement agreement or (b) 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;

(11) the tax consequences to each party as a result of the particular
form of support awarded;

(12) the existence and extent of any support obligation from a prior
marriage or for any other reason of either party; and

(13) such other factors the court considers relevant.

(D) In making an award of alimony or separate maintenance and support,
the court may make provision for security for the payment of the support
including, but not limited to, requiring the posting of money, property,
and bonds and may require a spouse, with due consideration of the cost of
premiums, insurance plans carried by the parties during marriage,
insurability of the payor spouse, the probable economic condition of the
supported spouse upon the death of the payor spouse, and any other
factors the court may deem relevant, to carry and maintain life insurance
so as to assure support of a spouse beyond the death of the payor
spouse.

(E) In making an award of alimony or separate maintenance and support,
the court may order the direct payment to the supported spouse, or may
require that the payments be made through the Family Court and allocate
responsibility for the service fee in connection with the award. The
court may require the payment of debts, obligations, and other matters
on behalf of the supported spouse.

(F) The court may elect and determine the intended tax effect of the
alimony and separate maintenance and support as provided by the Internal
Revenue Code and any corresponding state tax provisions. The Family Court
may allocate the right to claim dependency exemptions pursuant to the
Internal Revenue Code and under corresponding state tax provisions and to
require the execution and delivery of all necessary documents and tax
filings in connection with the exemption.

(G) The Family Court may review and approve all agreements which bear
on the issue of alimony or separate maintenance and support, whether
brought before the court in actions for divorce from the bonds of
matrimony, separate maintenance and support actions, or in actions to
approve agreement where the parties are living separate and apart. The
failure to seek a divorce, separate maintenance, or a legal separation
does not deprive the court of its authority and jurisdiction to approve
and enforce the agreements. The parties may agree in writing if properly
approved by the court to make the payment of alimony as set forth in items
(1) through (6) of subsection (B) nonmodifiable and not subject to
subsequent modification by the court.

(H) The court, from time to time after considering the financial
resources and marital fault of both parties, may order one party to pay
a reasonable amount to the other for attorney fees, expert fees,
investigation fees, costs, and suit money incurred in maintaining an
action for divorce from the bonds of matrimony, as well as in actions
for separate maintenance and support, including sums for services
rendered and costs incurred before the commencement of the proceeding
and after entry of judgment, pendente lite and permanently.