South Carolina Info

South Carolina Divorce Start Your Divorce Find Professionals South Carolina Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum South Carolina Products Divorce by County

South Carolina Articles

Divorce/General SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

South Carolina Divorce Support South Carolina Divorce Online

South Carolina Alimony

According to South Carolina Code, section 20-3-130, the courts award alimony in any divorce or action for separate maintenance and support, commonly known as a legal separation. The court decides the necessity of alimony on a case-by-case basis.

The court can award alimony on a temporary basis during the divorce or legal separation action or on a limited or permanent time afterward.

In South Carolina, either party may seek spousal support. The court considers the situation of the parties, their contributions during marriage, their income and other factors in considering support. When the interests of justice make it necessary, under South Carolina law, the parties to a divorce may seek alimony if there is a disparity between the parties earning abilities.

South Carolina allows courts to award alimony only after they consider a number of factors. Unlike many other states, South Carolina also permits courts to consider marital misconduct as a factor in alimony, and

the court may not award alimony to any spouse who commits adultery before the court issues a written property settlement or permanent order of separate maintenance.

Whenever the circumstances of the parties or the financial ability of the payor changes, either party may apply to the court for an order decreasing or increasing alimony or terminating payments. The court listens to both parties regarding any modification.

In South Carolina alimony influences the distribution of property, and it can become intricately involved in a divorce settlement. When spouses are unable to reach an agreement on this issue, the Family Court can order support on a case-by-case basis.

Support payments may be deducted from federal taxes, and the recipient must pay income tax on the payments. The spouse receiving alimony must claim payments as income if it is mandated by court order.

Types of Alimony

Alimony may be awarded for a short period, long period, permanently, or in a lump sum payment upon dissolution. The court will hear the parties evidence and decide duration of support based on what it determines to be fair.

Factors Considered by the Court

In South Carolina alimony is discretionary. According to the Code of Laws for South Carolina - Chapter 3; Sections 20-3-120, 20-3-130, 20-3-140, the Family Court orders support from one spouse to the other on a case-by-case basis, based on the following factors:

  • the length of the marriage and the ages of the spouses;
  • the health condition of each spouse;
  • the educational background of each spouse and the ability to produce income;
  • the past employment and earning potential of each spouse;
  • the standard of living established while married;
  • the current incomes of each spouse;
  • the current expenses of each spouse;
  • the assets of each spouse;
  • custody of the children;
  • the tax consequences to each spouse;
  • the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and
  • such other factors the court considers relevant.

Start South Carolina Divorce Start Your South Carolina Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
South Carolina Divorce Find South Carolina Divorce Professionals in Your Area:
Join the Network
South Carolina Divorce Products, Services and Solutions South Carolina Divorce Products, Services and Solutions
South Carolina Divorce Resources to Help You Through the Process.
Online Parenting Class South Carolina Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free South Carolina Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a South Carolina Divorce


Settle Your Divorce Negotiate Your South Carolina Divorce


Support Forum South Carolina Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site