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Last Modified on Sep 04, 2025
What is alimony?
Alimony, also called spousal support, is financial support that one spouse may need to pay to another after separation or divorce. The reason alimony exists is to try and maintain the standard of living spouses were accustomed to during their marriage.
What types of alimony are there?
- Temporary Spousal Support: Temporary spousal support may be paid while the litigation is pending. This is done either by court order or mutual agreement between the parties.
- Permanent, Periodic Alimony: This alimony is paid in monthly installments. It may terminate on the death of either party, the payee spouse’s remarriage, or the cohabitation of either party. It can be modified by a party proving a substantial change in circumstances.
- Lump-Sum Alimony: A one-time payment of a predetermined amount, or a total amount may be paid in installments over a defined period.
- Rehabilitative Alimony: This alimony is offered for a defined period to allow the receiving spouse time to gain necessary skills or education to support themselves.
Who determines whether or not there will be alimony in a divorce?
In South Carolina, alimony will either be awarded by the Family Court or agreed to by the parties in the form of a written agreement. If the parties agree to alimony via written agreement, that agreement is presented to a Family Court judge, who will then approve the agreement and incorporate it into a court order. Failure to pay court-ordered alimony can be considered contempt of court, which can result in sanctions and imprisonment.
What are the factors that determine whether or not alimony will be awarded?
There is no set calculator or formula used by South Carolina Family Courts to determine whether alimony is awarded or how much alimony to award. In determining whether or not alimony should be awarded, and at what amounts, South Carolina Family Courts look at the factors listed below and come to their own judicial conclusions.
- Duration of the marriage
- Age and health of the parties
- Educational background
- Employment history
- Earning potential
- Standard of living during the marriage
- Current and anticipated earnings and expenses
- The amount and distribution of marital and non-marital property
- Child custody
- Marital misconduct
- Tax consequences
Are there any actions that prevent someone from receiving alimony?
In South Carolina, adultery is a complete bar to receiving alimony. If a spouse commits adultery before the signing of a Marital Settlement Agreement or an order of Separate Support and Maintenance (legal separation), that spouse is completely prohibited from receiving alimony, even if the other spouse has also committed adultery.
One exception to this alimony prohibition is when the adulterous spouse’s conduct is forgiven by the other spouse. This is called condonation. If a court determines that a party’s adultery has been legally condoned, there is no longer a bar to alimony. The most common example of condonation is resuming the marital relationship after knowledge of the adultery.
If you are awarded alimony, can it be terminated?
In South Carolina, alimony can be terminated post-divorce in certain situations. Examples of these situations are:
- Remarriage: This typically triggers the termination of alimony, especially permanent periodic alimony.
- Cohabitation: continuous cohabitation with a romantic partner for 90 or more consecutive days can lead to the termination of alimony.
- Death: the death of either the receiving spouse or the paying spouse can terminate alimony.
- Change in circumstances: a substantial change in circumstances, such as the paying spouse’s loss of employment or a significant income change, can lead to either the termination of alimony or a reduction in the amount of alimony.
Do I need a Myrtle Beach attorney if I want to obtain alimony in SC?
The South Carolina Family Court process can be very grueling and very intimidating. Cases involving alimony typically require a mountain of legal paperwork, complex financial documentation, and very specific legal arguments. A typical South Carolina Family Court case involving alimony has to go through these specific hurdles:
- Pleading: this is the legal term for filing a Summons and Complaint outlining the reasons for divorce and why alimony should be granted.
- Temporary Hearing: This is a hearing where the Family Court judge determines what will happen while the litigation is pending. There is typically no live testimony at these hearings. Instead, you submit affidavits, a financial declaration, and any exhibits that you believe will assist your case.
- Discovery: once a temporary hearing ends, the process of discovery begins. This is the fact-finding process of litigation. This is where you can subpoena documents, depose witnesses, and demand financial and personal information from the other party that has previously been unavailable. This is a very labor-intensive process and requires expertise.
- Mediation: South Carolina courts now require all contested divorce cases to go to mediation before a Final Hearing. A Family Court mediator is a neutral third-party who is also a licensed attorney and certified Family Court mediator. This mediator attempts to help the parties settle the case prior to having a Final Hearing. These mediations are often times very long and very stressful, so having a skilled negotiator is crucial to your success.
- Final Hearing: This is a trial before a South Carolina Family Court judge, which occurs if the case cannot be settled. Final Hearings can take days to argue and require extensive knowledge of courtroom procedures, how to enter evidence into the record, how to conduct a direct examination of a witness, and how to cross-examine a witness. Having a skilled and knowledgeable attorney representing in this environment is vital to obtaining a favorable outcome.
