How Long Does Alimony Last in South Carolina?

Alimony is financial support that one divorced spouse pays another in an amount and duration set according to various statutory factors. It comes in several different forms, depending upon the needs of the receiving spouse and the intended purpose of the money.

Both spouses often wonder how long the obligation to pay alimony will last and what may cause it to end or be modified. You can benefit from knowledgeable legal counsel if you have a pending alimony case in Greenville, SC. Turner Family Law is here for you and can help with our alimony case.

What Is Alimony in South Carolina?

In South Carolina, alimony is a maintenance payment that one spouse pays the other. It can help one spouse become financially independent after the end of the marriage, reimburse one spouse for the contributions—financial or caregiving—they have made during the marriage, or punish one spouse for being unfaithful.

Receiving alimony is not a guarantee. Instead, the judge reviews the situation and decides if alimony is appropriate and necessary. Alimony can last indefinitely until the recipient dies or remarries. It can also be a one-time or monthly payment for a specific amount of time.

Types of Alimony and How Long They Last

Both spouses in a divorce action can petition the court for alimony, either in the complaint or the counterclaim. The general purpose of alimony is to help a divorcing spouse have the financial means necessary to pay bills and make ends meet. There are several different types of alimony.

In South Carolina, how long alimony will last depends on the specific type that is awarded. Alimony can take the following forms:

Alimony pendente lite

This is a form of temporary alimony that is paid to a spouse during the divorce process. Its primary purpose is to provide temporary support while the divorce is pending in the court system.

Permanent Periodic Alimony

Also called permanent periodic alimony, this type of support is paid monthly until the receiving spouse remarries or cohabitates with a romantic partner for at least 90 days. It can also end upon the death of either spouse (unless security is required to guarantee payment).

Periodic alimony may also be modified or terminated if there has been a substantial change in circumstances since the initial court order that awarded it.

Rehabilitative Alimony

Rehabilitative alimony is a fixed amount of support that is paid to a receiving spouse. The purpose of rehabilitative alimony is to provide financial assistance so the receiving spouse can attend school or acquire job skills necessary to enter the workforce again. “Rehabilitative” essentially means enabling the spouse to become financially independent following the divorce.

This alimony can be paid in one or multiple payments. It may be terminated upon the remarriage or continued cohabitation of the receiving spouse or (unless security for the payment is ordered) the death of either spouse.

It can also be modified if unforeseen events cause either (a) the good faith efforts of the receiving spouse to become self-supporting or (b) the ability of the paying spouse to keep paying alimony. Ending dates are set up to coincide with some specific event that makes the alimony no longer necessary, such as completion of education.

Reimbursement Alimony

Reimbursement alimony is a fixed sum that is paid to the receiving spouse, either all at once or in installments. It may be terminated if the receiving spouse remarries or continually cohabitates or if either spouse dies (unless, as with rehabilitative alimony, security is established). It is not terminable or modifiable based on changed circumstances.

Lump-Sum Alimony

Lump-sum alimony is a single, set amount that is either paid all at once or over the course of several payments. This type of alimony ends only upon the death of the receiving spouse. It is not terminable or modifiable on the basis of remarriage or a change in circumstances.

Separate Maintenance and Support

This is temporary spousal support that is paid while the parties are living separate and apart but have not yet been divorced. It is typically paid on a monthly or bi-weekly basis. It terminates upon the continued cohabitation of the receiving spouse, the divorce of the spouses, or the death of either spouse (unless security is established). It can also be terminated or modified based on changed circumstances.

Other forms of alimony

The court can order some other form of alimony that doesn’t fit into one of the above categories, under terms and conditions the judge considers to be fair and reasonable.

How Judges Determine Alimony Duration

In determining how much alimony to award, the court must consider the following:

• How long did the marriage last
• How old are the spouses?
• Each spouse’s earning potential (e.g., job prospects)
• The current and anticipated earnings of each spouse
• Each spouse’s employment history
• Each spouse’s education and training, and whether more is needed to become self-sufficient
• The standard of living that existed during the marriage
• Each spouse’s physical, mental, and emotional health
• Marital misconduct that affected the economic circumstances of the spouses or caused a breakup of the marriage
• Any support obligation from a previous marriage
• The tax consequences of the particular form of alimony awarded
• Which spouse has custody of the children, and how will it affect his or her ability to work
• The current and anticipated expenses and needs of each spouse
• The marital and nonmarital properties of the spouses
• Any other relevant factors

Judges have discretion to give each factor as much weight as they decide is appropriate. The length of the marriage, the ages of the spouses, and each spouse’s earning abilities tend to be given more weight than other factors.

How Long Do You Have to be Married to Get Alimony in South Carolina?

There is no minimum length of time in South Carolina that a marriage must last before a divorcing spouse becomes eligible for alimony. Every alimony case has to be considered on its own merits, using the above factors, including the length of the marriage. As a general guideline, the longer the marriage lasted, the more likely alimony would be awarded and the longer it would last.

When Does Alimony Automatically End?

Alimony typically lasts until an event terminates it. For example, lump sum alimony may end when the person makes the full payment. Alternatively, permanent spousal support may end when the recipient passes away or marries someone else. The type of alimony and the terms of the court order dictate how long the payments continue.

Common Events That End Alimony

There are some events that can cause alimony payments to end automatically. Common examples include the recipient getting remarried or passing away, or the paying spouse passing away.

Another example is if the recipient moves in with someone else permanently. The court will have rules outlining what types of cohabitation would terminate alimony.

For instance, staying with a relative for a month or less might not impact alimony payments. However, moving in with someone for more than three months might. The parties would still need to go to court to ask the judge for permission to terminate payments to avoid misunderstandings and breaches of the court’s alimony order.

Situations Where Alimony Can Be Modified or Terminated

The court can modify or end the alimony payments if there is a substantial change in circumstances. Examples of life changes that might qualify include the paying spouse losing their job or the recipient spouse starting a new, higher-paying job.

Additionally, one spouse experiencing an increased need for spousal support, such as due to a new medical condition, may merit modifying the existing alimony agreement. The ex-spouses can file documents with the court and ask for permission to change the original spousal support order to reflect the new circumstances.

Can You Modify Alimony in South Carolina?

In some situations, you can modify alimony after the judge enters the spousal support order. It depends on the type of alimony, the terms of the original support order, and the reason for the requested adjustment. Under South Carolina law, the parties must show there is a substantial change in circumstances that makes it necessary to update the original order.

Substantial changes may include things that make the original agreement unfair or irrelevant. For example, if the court awarded one spouse alimony until the spouse gets a new job, the payments may end when the spouse gets a new job. Another example of a substantial change might be the spouse receiving alimony getting married again or being laid off.

To change or terminate the original alimony order, the spouses would need to go to court again. They would file the appropriate legal documents — like a petition to modify — and explain to the judge why they think it’s necessary to change the alimony agreement. The judge would hear the legal arguments from both ex-spouses, review the evidence, and make a final decision.

Frequently Asked Questions About Alimony Duration in SC

Turner Family Law will represent your best interests, whether you are the spouse seeking alimony or the one from whom it is sought. J. Michael Turner, Jr., is a divorced dad himself, and he has first-hand experience with what it’s like to go through this process. He calls on his personal and professional background to provide personalized and timely legal advice to his clients. Contact our office today by calling 864-778-2734.