Home/Practice areas/Spousal Support
This is a separate page of general information about South Carolina family law. It is not legal advice. Opening this page does not create an attorney-client relationship.
What the court may award
South Carolina law authorizes several forms of alimony and support. In general terms, the Family Court may consider periodic alimony, lump-sum alimony, rehabilitative alimony, reimbursement alimony, and separate maintenance and support. The court may also deny support. The current text of section 20-3-130 governs the available forms and the factors the court must weigh.
Temporary support may be requested early in a case so that household expenses, housing, and insurance can be addressed while the action is pending. A temporary award is not a prediction of the final order.
Facts the court typically considers
The statute directs the court to consider the duration of the marriage; the ages of the parties; physical and emotional condition; educational background; employment history and earning potential; standard of living established during the marriage; current and reasonably anticipated earnings and expenses; marital and nonmarital property; custody of children; marital misconduct or fault, where it affected the economic circumstances or contributed to the breakup of the marriage; tax consequences; and other factors the court expressly finds to be relevant and proper.
Because the list is statutory and fact-specific, two marriages of similar length can produce different support results. This office does not predict an amount or duration from a website description.
Conduct that may bar support
South Carolina law generally provides that a spouse is not entitled to alimony if that spouse is shown to have committed adultery, subject to the limitations and exceptions in the current statute. Other forms of marital misconduct may be weighed among the factors rather than operating as an automatic bar. The evidence, the timing of the conduct, and the precise statutory language all matter.
Modification and termination
Some forms of support may later be modified if a substantial change of circumstances is shown. Other forms, such as many lump-sum awards, are not designed to be modified. Support may also terminate on events identified in the order or in the statute, such as remarriage or the death of either party, depending on the form of the award.
A party who believes support should change should not simply stop paying. The existing order remains in force until the court modifies it.