South Carolina Alimony Laws: Types, Fault, and Permanent Alimony (2026)

June 1, 202610 min read

South Carolina Alimony Laws: Types, Fault, and Permanent Alimony (2026)

South Carolina remains one of a shrinking number of states that still permits unlimited permanent periodic alimony. Courts decide every award under S.C. Code Section 20-3-130 using 13 statutory factors with no formula, and a spouse who commits adultery before the settlement agreement or a separation order is barred from receiving any alimony.

Information last verified on June 1, 2026.

Estimate your situation: Try our free South Carolina alimony calculator to estimate spousal support and see the factors a South Carolina court weighs.

What Is Alimony in South Carolina?

Alimony in South Carolina is a court-ordered payment from one spouse to the other following a divorce or legal separation. The South Carolina General Assembly codified the rules governing alimony awards in S.C. Code Section 20-3-130, which controls who may receive alimony, what forms it may take, and what factors guide the amount and duration.

South Carolina family courts have broad discretion. The statute sets no formula and no presumptive duration. Instead, a judge weighs 13 specific factors and chooses the form or combination of forms of alimony that fits the circumstances of the case.

The term "alimony" and "spousal support" are used interchangeably in South Carolina. Separate maintenance and support - payments made when the parties separate but do not yet divorce - is also governed by Section 20-3-130.

The Five Types of Alimony in South Carolina

Section 20-3-130(B) defines five distinct forms of alimony. A court may award one type or combine multiple types to achieve a fair result.

two stacks of coins of different heights on a desk beside a folded document

Periodic alimony is the most common form. It consists of ongoing payments made at regular intervals. Periodic alimony may last for a defined period or indefinitely, and it is the only type that can be permanent. It terminates upon the death of either spouse, the remarriage of the recipient, or continued cohabitation. Courts may also modify periodic alimony if the circumstances of either party change substantially after the original award.

Lump-sum alimony is a fixed total dollar amount, payable either in one payment or in installments. Unlike periodic alimony, lump-sum alimony is non-modifiable. Once the court sets the amount, neither party can return to court to change it based on changed circumstances. It terminates only upon the death of the supported spouse and does not terminate on remarriage or cohabitation.

Rehabilitative alimony is designed to support a spouse who needs time to re-enter the workforce or complete education or training that will lead to self-sufficiency. It covers a defined period tied to a specific goal, such as completing a degree or job certification. Rehabilitative alimony terminates on remarriage, cohabitation, death, or the occurrence of a future event specified in the order.

Reimbursement alimony compensates a spouse for economic contributions made during the marriage, such as supporting the other spouse through professional school or a career transition. It is paid in a finite sum and terminates on remarriage, cohabitation, or death.

Separate maintenance and support functions like periodic alimony but applies when the parties are living apart without pursuing a divorce. This form terminates upon cohabitation or death.

A Note on Permanent Alimony

South Carolina's willingness to award permanent periodic alimony distinguishes it from most states, which have moved toward durational caps. A permanent award is not automatic; the court must find that the circumstances justify indefinite support, typically in long marriages where one spouse sacrificed career development and lacks a realistic path to self-sufficiency. Several reform bills introduced in the 2025-2026 legislative session sought to eliminate or cap permanent alimony, but none had been enacted into law as of June 1, 2026.

Fault and the Adultery Bar

South Carolina's adultery bar is one of the starkest fault consequences in American divorce law. Section 20-3-130(A) provides that no alimony may be awarded to a spouse who commits adultery before the earlier of two events:

The formal signing of a written property or marital settlement agreement, or
Entry of a permanent order of separate maintenance and support, or a permanent order approving a property or marital settlement agreement.

The timing rule is critical. A spouse who commits adultery after the settlement agreement is signed does not automatically lose alimony rights under this provision. The bar applies only to adultery that predates the agreement or order. This creates a clear deadline: once a permanent written settlement is signed or a court order is entered, the adultery bar cannot be triggered by conduct occurring afterward.

Marital fault more broadly is also one of the 13 statutory factors courts consider when deciding whether to award alimony and in what amount. A court may therefore consider misconduct short of adultery - such as physical or emotional abuse - when fashioning an award, even though that conduct does not trigger a categorical bar.

How Courts Decide Amount and Duration: The 13 Factors

Section 20-3-130(C) lists 13 factors that a South Carolina family court must consider when determining whether to award alimony, and if so, in what amount and for how long. No single factor is controlling, and the court assigns each the weight the circumstances warrant.

a stethoscope and a clipboard resting on a desk near a window

The 13 factors are:

The duration of the marriage and the ages of the parties at the time of marriage and at the time of divorce.
The physical and emotional condition of each spouse.
The educational background of each spouse, together with the need for additional training or education to achieve that spouse's income potential.
The employment history and earning potential of each spouse.
The standard of living established during the marriage.
The current and anticipated earnings of both spouses.
The current and anticipated expenses and needs of both spouses.
The marital and nonmarital properties awarded to each spouse in the divorce.
The custody of children, including whether a spouse must remain in the home to care for a child.
Whether either spouse is responsible for marital misconduct or fault and the effect of the fault on the economic circumstances of the parties.
The tax consequences of the alimony award to each spouse.
The existence and extent of any support obligations from a prior marriage.
Any other relevant factors the court considers appropriate.

The absence of a formula is intentional. South Carolina's legislature has consistently declined to adopt the kind of durational or income-percentage formulas enacted in states such as Massachusetts and Florida. Every award reflects the judge's application of these factors to the specific facts presented at trial.

When Alimony Ends or Changes

The events that terminate or modify alimony depend on which type was awarded.

Death ends all forms of alimony. Once either the paying spouse or the recipient dies, the obligation ceases unless the court has entered a specific order requiring the payor to maintain life insurance to fund support beyond death. Section 20-3-130(D) authorizes courts to impose such an insurance requirement, taking into account the cost of premiums, the payor's insurability, and the recipient's probable economic condition after the payor's death.

Remarriage ends periodic alimony, rehabilitative alimony, reimbursement alimony, and separate maintenance and support automatically. Lump-sum alimony is not affected by remarriage because the total obligation is already fixed.

Continued cohabitation terminates periodic alimony, rehabilitative alimony, reimbursement alimony, and separate maintenance and support. Section 20-3-130(B) defines continued cohabitation as residing with another person in a romantic relationship for 90 or more consecutive days. Courts may also find cohabitation exists even in periods shorter than 90 days if the evidence shows the parties intentionally separated temporarily to avoid reaching the threshold.

Modification is available for periodic alimony when the circumstances of either party change substantially after the original award. Under S.C. Code Section 20-3-170, either spouse may petition the family court for an increase, decrease, or termination of periodic alimony based on changed circumstances. Retirement by the supporting spouse is expressly recognized as sufficient grounds to request a modification hearing. Lump-sum alimony is non-modifiable and cannot be revisited regardless of changed circumstances.

Alimony Taxes and How It Differs From Child Support

Federal Tax Treatment After 2018

a coffee cup beside an open notebook and a pen on a kitchen table in morning light

The Tax Cuts and Jobs Act of 2017 fundamentally changed how alimony is taxed. For any divorce or separation agreement executed on or after January 1, 2019, alimony payments are:

Not deductible by the paying spouse on their federal income tax return, and
Not includable as gross income by the recipient spouse.

For agreements signed before January 1, 2019, the prior rules apply: the payor may deduct payments and the recipient must report them as income. If a pre-2019 agreement is later modified and the modification expressly states that the new tax rules apply, the post-2018 treatment takes effect going forward. The IRS provides guidance on these rules at Topic No. 452.

South Carolina follows federal tax treatment for state income tax purposes.

Alimony vs. Child Support

South Carolina child support is calculated using the South Carolina Child Support Guidelines, which provide a formula based on the income of both parents and the number of children. Alimony has no equivalent formula; it is entirely discretionary.

Child support is never deductible by the payor and never taxable to the recipient, regardless of when the agreement was signed. Alimony's tax treatment depends on the date of the agreement, as described above.

Child support is intended for the benefit of the child and terminates when the child reaches majority or becomes emancipated. Alimony is paid directly to a former spouse for that spouse's support and can, in South Carolina, continue indefinitely.

For a broader comparison of how other states handle spousal support, see the Alimony laws by state hub.

Legal Disclaimer: This page provides general legal information about South Carolina alimony law and is not legal advice. Alimony determinations depend on the specific facts of each case. Consult a licensed South Carolina family law attorney for guidance on your situation.

More South Carolina Laws

Sources

S.C. Code Section 20-3-130 - Award of Alimony and Other Allowances. scstatehouse.gov
S.C. Code Section 20-3-170 - Modification, Confirmation, or Termination of Alimony. scstatehouse.gov
2025-2026 House Bill 3074 (Alimony - 15-year marriage requirement). scstatehouse.gov
2025-2026 House Bill 3098 (Alimony - cap at 1 year per 3 years married). scstatehouse.gov
IRS Topic No. 452 - Alimony and Separate Maintenance. irs.gov

Last updated: June 1, 2026.

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Alimony Laws South Carolina Laws

South Carolina Alimony Laws: Types, Fault, and Permanent Alimony (2026)

June 1, 202610 min read

South Carolina Alimony Laws: Types, Fault, and Permanent Alimony (2026)

Information last verified on June 1, 2026.

Estimate your situation: Try our free South Carolina alimony calculator to estimate spousal support and see the factors a South Carolina court weighs.

What Is Alimony in South Carolina?

The Five Types of Alimony in South Carolina

Section 20-3-130(B) defines five distinct forms of alimony. A court may award one type or combine multiple types to achieve a fair result.

two stacks of coins of different heights on a desk beside a folded document

Separate maintenance and support functions like periodic alimony but applies when the parties are living apart without pursuing a divorce. This form terminates upon cohabitation or death.