The court has the authority to grant alimony in such amounts and for such terms as it considers appropriate under the circumstances of your case Davis v. Davis, 372 S.C. 64, Smith v. Smith, 327 S.C. 448. In South Carolina, the law permits courts to award alimony to any spouse who needs it to avoid a significant disparity in the spouses' post-divorce financial standing Rudick v. Rudick, 437 S.C. 270, with the primary purpose of enabling the supported spouse to maintain the standard of living enjoyed during the marriage Rudick v. Rudick, 437 S.C. 270.
Statutory Factors Considered by the Court
By statute, the family court is required to consider all relevant factors in determining whether to award alimony, as well as the amount and type of the award Davis v. Davis, 372 S.C. 64, King v. King, 384 S.C. 134. No single factor is dispositive Davis v. Davis, 372 S.C. 64, Myers v. Myers, 391 S.C. 308. The court must consider and weigh the following thirteen statutory factors:
- Duration of the marriage Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Physical and emotional health of the parties Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Educational background of the parties, including any need for additional training or education to achieve career potential Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Employment history and earning potential of the parties Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Standard of living established during the marriage Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Current and reasonably anticipated earnings of the parties Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Current and reasonably anticipated expenses and needs of the parties Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Marital and nonmarital properties of the parties, including those apportioned in the divorce action Smith v. Smith, 327 S.C. 448, Roof v. Steele, 413 S.C. 543;
- Custody of children, including how child care obligations may affect a party's ability to seek or maintain employment Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Marital misconduct or fault, particularly in cases where the misconduct affected the economic circumstances of the parties or contributed to the breakup of the marriage Smith v. Smith, 327 S.C. 448, Roof v. Steele, 413 S.C. 543;
- Tax consequences of the award to each party Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543;
- Prior support obligations of either party Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543; and
- Other factors the court considers relevant Davis v. Davis, 372 S.C. 64, Roof v. Steele, 413 S.C. 543.
While the court must evaluate all factors, South Carolina appellate courts have highlighted three particularly important considerations: the duration of the marriage, the overall financial situation of the parties (especially the paying spouse's ability to pay), and whether either spouse was more at fault than the other in the breakup of the marriage King v. King, 384 S.C. 134.
Types of Alimony in South Carolina
If the court determines an award is appropriate, it may order one or more forms of spousal support S.C. Code Ann. § 20-3-130, Hazel v. Hazel, 320 S.C. 487. While permanent periodic alimony is the favored form of support in South Carolina if a claim is well-founded Ricigliano v. Ricigliano, 413 S.C. 319, the court may award the following types:
- Permanent Periodic Alimony: Paid periodically, terminating upon the remarriage or continued cohabitation of the supported spouse, or the death of either spouse, and is modifiable based upon a future change of circumstances Hazel v. Hazel, 320 S.C. 487, S.C. Code Ann. § 20-3-150.
- Rehabilitative Alimony: A finite sum paid in a single installment or periodically, meant to allow the supported spouse to become self-supporting (e.g., while completing education or job training) S.C. Code Ann. § 20-3-130. It terminates upon remarriage, cohabitation, the death of either spouse, or a specific future event, and is modifiable under specific statutory conditions S.C. Code Ann. § 20-3-130.
- Reimbursement Alimony: A finite sum paid in one installment or periodically to reimburse the supported spouse from the future earnings of the paying spouse based on events during the marriage S.C. Code Ann. § 20-3-130. It is terminable upon remarriage, cohabitation, or death, but is not modifiable or terminable based on changed circumstances S.C. Code Ann. § 20-3-130.
- Separate Maintenance and Support: Periodic payments ordered when the parties are living separate and apart but a divorce is not sought S.C. Code Ann. § 20-3-130. It terminates upon cohabitation, divorce, or death, and is modifiable based on changed circumstances S.C. Code Ann. § 20-3-130.
- Other Forms: The court may order other custom terms and conditions it deems just, and is not limited from granting more than one form of support S.C. Code Ann. § 20-3-130, Hazel v. Hazel, 320 S.C. 487.
Modifications, Tax Effects, and Security
Any periodic alimony award is subject to subsequent modification or termination by the court upon a showing of a material change in the parties' circumstances or financial abilities Roof v. Steele, 413 S.C. 543, Roof v. Steele, 396 S.C. 373. Retirement by the supporting spouse constitutes sufficient grounds to request a hearing to evaluate whether a change of circumstances has occurred, utilizing factors such as the spouse's age, health, and whether the retirement is mandatory or voluntary S.C. Code Ann. § 20-3-170. However, spouses may agree in writing, subject to family court approval, to make alimony payments completely nonmodifiable Roof v. Steele, 396 S.C. 373.
Additionally, the court has the discretion to order that alimony payments be secured S.C. Code Ann. § 20-3-130. This can include requiring the posting of money, property, or bonds, or requiring a spouse to carry and maintain life insurance to ensure continued support after the paying spouse's death S.C. Code Ann. § 20-3-130. The court also has the authority to determine the intended tax effects of the support and allocate dependency exemptions under the Internal Revenue Code and state tax provisions S.C. Code Ann. § 20-3-130.
Whether you will receive or pay alimony is a fact-specific inquiry determined by a South Carolina family court judge. The court will evaluate your marriage's duration, both spouses' financial resources, earning capacities, and conduct to decide the appropriate type, duration, and amount of support.
At Seibert Law and Mediation, we believe families thrive when they are empowered to build solutions, not forced into conflict. If you’re facing a difficult chapter, we’re here to help you move forward with clarity, compassion, and dignity. The most important step you can take is to speak with an experienced family court attorney immediately.
Divorces, Separate Maintenance and Support, and custody and visitation matters in South Carolina can be highly technical, and small factual details often make the biggest difference. If you or someone in your family is faced with family court, don’t assume the case is open-and-shut. At Seibert Law and Mediation, we examine every angle to fight for the best possible outcome.
Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0686 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a family court matter alone.
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