Reimbursement alimony. Section 20-3-170 of the 1976 Code is amended to read: "Section 20-3-170. Alimony payments will keep the standard of living stable for both spouses during and after the divorce is over. • Permanent alimony is the most commonly awarded form of alimony in SC. An alimony calculator is meant to assist lawyers and their clients by estimating what alimony payments will result from particular marital situations. This act takes effect upon approval by the Governor. § 20-3-120). New 2021 South Carolina Maintenance Calculator. ), Lump-sum alimony. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. For example, South Carolina recognizes fault-based divorces. If one spouse proves adultery as a ground for divorce, that will prevent any award of alimony. South Carolina law provides for the following types of alimony: Alimony pendente lite. South Carolina Alimony laws provide for several different types of alimony: Temporary – while a divorce is pending. Courts will usually order alimony, or spousal support, when one of the spouses is unable to support his or herself. In many cases, one spouse may be required to make payments to the other spouse in addition to other financial obligations, such as child support or the division of the marital debts. The court can’t modify the order later, regardless of a change of circumstances. Failure to pay court-ordered alimony is serious, and if your ex is found guilty of violating a court order to pay, a judge has a variety of ways to force compliance, including an income withholding order (automatic deduction from your paycheck), fines, attorney fees, or a jail sentence. Under our current South Carolina alimony law, the only other ways payments can be terminated are: Upon the death of a former spouse If the alimony recipient remarries If the alimony recipient lives with a mate for more than 90 straight days Sponsors: Senators Gregory, Bennett, Shealy, Turner and Cromer There are some situations where spouses can’t get alimony. Payments terminate when the supported spouse remarries, continuously cohabitates with a new partner, or upon the death of either spouse. In South Carolina, spousal support, also known as alimony, is the amount of money one spouse may be ordered to pay to the other spouse following a divorce. Separate maintenance. Adultery. Alimony and suit money. While the laws of South Carolina do not require you to retain a divorce attorney, the divorce decree can effect you for as long as you live. Alternatively, you may want to know what the SC alimony law says about increasing or decreasing the amount owed under an existing alimony order. Instead, your divorce judge will review the South Carolina alimony law and the specific facts in your divorce case. The answer is that South Carolina does not have a formula or specific mathematical guidelines to determine the amount of alimony that must be paid. (B)    In the determination of the existence of changed circumstances since the commencement of any alimony or spousal support payments, the court shall consider the following factors: (1)    the reason for and amount of any substantial change in passive or active income of either spouse; (2)    modification of any child support obligations since the rendition of a judgment of divorce; (3)    the reason for and amount of any substantial change in the net worth of either spouse; (4)    any substantial change in the earning potential of either spouse; (5)    any substantial change in the expenses of either spouse; (6)    the impact of the supporting spouse's health on the ability to pay; (8)    any other factors the court considers appropriate. . In the state of South Carolina, in the proceedings for divorce from the bonds of matrimony, or following a such proceedings, the court may grant alimony or separate maintenance and support in such amounts and for such terms as the court finds appropriate. Permanent alimony, which is the most common form in South Carolina, is paid periodically and lasts until either spouse dies or the supported spouse remarries or … . The purpose of reimbursement alimony is to allow a spouse to recoup the money spent on the other spouse’s career, education, or earning abilities. The judge will ask the divorcing couple a few key questions: Either spouse can request a modification of the separate maintenance award in the future if there’s a change in circumstances. Lump Sum Alimony. Alimony pendente lite doesn’t guarantee a post-divorce award. The court will determine the duration of support and it will require the recipient to demonstrate a good faith effort in gaining the skills or education necessary to find employment and become financially independent. In South Carolina, case law also states that the termination of alimony due to a remarriage can also occur when the marriage is a common law marriage. In some states, the information on this website may be considered a lawyer referral service. If you’re unsure how this affects you, contact an experienced family law attorney in your area. South Carolina Alimony Law Summary How is Alimony Granted? Periodic alimony. Types of Alimony. Thereafter the supporting spouse shall pay and be liable to pay the amount of alimony payments directed in such order and judgment and no other or further amount and such original judgment, for the purpose of all actions or proceedings of every nature and wherever instituted, whether within or without this State, shall be deemed to be and shall be modified accordingly, subject in every case to a further proceeding or proceedings under the provisions of this section in relation to such modified judgment. Lump sum alimony is a finite amount of money that must be paid to the other spouse. Lump-sum alimony terminates once the paying spouse pays the full amount. South Carolina courts award four types of alimony: permanent, rehabilitative, lump sum and reimbursement. (E)    If the court determines the existence of changed circumstances, then the court shall apply the factors set forth in Section 20-3-130.". Rehabilitative alimony. Start here to find family and divorce lawyers near you. See S.C. Code Ann. South Carolina requires spouses must complete financial disclosure documents so that a proper division of assets can take place and may be used in alimony requests as well. Alimony in South Carolina does, however, have some guidelines, but they only point the way to a decision made only by the court when determining spousal support. • The average alimony payment is around 1/3 of the payor's income; some pay ½. (S.C. Code Ann. (S.C. Code Ann. Step Three - Retain a South Carolina Divorce Lawyer.