Alimony and Spousal Support in South Carolina

The court may award alimony in divorce and separate maintenance cases, but a spouse who commits adultery before a signed settlement agreement or permanent order may not receive alimony. Types include periodic alimony (ends on remarriage, continued cohabitation of 90 or more days, or death), lump-sum alimony, rehabilitative alimony, reimbursement alimony, separate maintenance and support, and other forms. Factors include the length of the marriage and ages, physical and emotional condition, education and need for training, employment history and earning potential, standard of living, current and expected earnings and needs, marital and nonmarital property, child custody, and marital fault affecting finances or the breakup. There is no statutory formula.

South Carolina uses equitable apportionment of marital property. Marital property is real and personal property acquired during the marriage and owned on the filing date, however titled. Nonmarital property includes inheritances and gifts from third parties, property acquired before the marriage or after a temporary order or signed settlement agreement, property exchanged for nonmarital property, property excluded by written contract (including a qualifying prenuptial agreement), and increases in value of nonmarital property except to the extent caused by the other spouse's efforts. The court weighs factors including the length of the marriage and ages, marital fault that affected finances or the breakup, and the value of the property.