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How does alimony work in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

South Carolina alimony is governed by S.C. Code § 20-3-130 and is one of the few states that retains an absolute adultery bar to alimony.

1. The Adultery Bar — § 20-3-130(A)

No alimony may be awarded to a spouse who commits adultery before:

  • The earliest of (1) the formal signing of a written property/marital settlement agreement; OR
  • The entry of a permanent order of separate maintenance and support; OR
  • The entry of a permanent order approving a property/marital settlement agreement.
  • Adultery proven during this critical pre-decree window completely bars alimony — no exceptions, no balancing.

    2. Five Types of Alimony — § 20-3-130(B)

  • Periodic alimony — most common; paid in installments. Modifiable.
  • Lump-sum alimony — fixed total, payable as lump or in installments. Not modifiable, survives death.
  • Rehabilitative alimony — for a defined period to allow education/training. Modifiable on extraordinary change in circumstances.
  • Reimbursement alimony — to repay a spouse for support of the other's career/education during the marriage. Not modifiable.
  • Separate maintenance and support — when parties are separated but not divorced.
  • 3. Statutory Factors — § 20-3-130(C)

    13 factors:

  • Duration of the marriage and ages of the parties
  • Physical and emotional condition
  • Educational background and need for additional training
  • Employment history and earning potential
  • Standard of living
  • Current and reasonably anticipated earnings of both spouses
  • Current and reasonably anticipated expenses
  • Marital and nonmarital properties
  • Custody of children
  • Marital misconduct or fault of either or both parties (whether or not used as basis for divorce, if affecting/contributing to the breakdown — but only if it occurred before the earliest of the dates in § 20-3-130(A))
  • Tax consequences
  • Existence of support obligations from a prior marriage
  • Other relevant factors
  • 4. Modification — § 20-3-170

    Periodic alimony: modifiable on showing of changed circumstances. Lump-sum and reimbursement: not modifiable.

    5. Termination — § 20-3-150 and § 20-3-130(B)(1)

    Periodic alimony terminates on:

  • Death of either party
  • Remarriage of the supported spouse
  • Continued cohabitation of the supported spouse — defined as residing with another person in a romantic relationship for 90 or more consecutive days (§ 20-3-150). Periods broken to manipulate the rule do not reset the clock.
  • 6. Tax

    Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Adultery is alleged before the temporary order — the bar is absolute
    • Your ex has been cohabiting and the 90-day rule may apply
    • You are choosing between periodic and lump-sum alimony
    Related Statutes & Laws
    • S.C. Code § 20-3-130
    • S.C. Code § 20-3-150
    • S.C. Code § 20-3-170

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.