Calculate Alimony Under South Carolina Code § 20-3-130 — Updated 2026
Use this free South Carolina alimony calculator to estimate how much alimony you may pay or receive under South Carolina Code § 20-3-130. Whether your divorce is filed in Greenville County, Charleston County, Richland County (Columbia), Spartanburg County, Horry County (Myrtle Beach), or anywhere else in South Carolina, this tool applies the relevant statutory factors alongside county cost-of-living adjustments. South Carolina recognizes three main alimony types: Temporary, Rehabilitative, and Periodic. Important: Multiple 2025–2026 bills (H3074, H3098, H3081) propose significant changes — pending legislation warnings are built into this calculator. Always consult a licensed South Carolina family law attorney or SC divorce lawyer for advice tailored to your case.
Income Information
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Marriage Details
Enter 0–100 years
Enter a past date
Marriage less than 5 years? ℹ️South Carolina uses under 5 years as the short-term threshold. Periodic alimony is typically limited to 1–2 years.
Marriage 15+ years? ℹ️15+ year marriages may qualify for permanent periodic alimony under current SC law. Bill H3074 (pending) would require 15+ years for periodic alimony.
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage.
South Carolina-Specific Factors
Domestic violence involved? ℹ️SC Code § 20-3-130 allows courts to award higher amounts and longer durations when domestic violence is documented.
South Carolina Domestic Violence Impact (SC Code § 20-3-130):
10–20% increase in alimony amounts typically awarded
May qualify for longer duration regardless of marriage length
Court may order additional therapy/rehabilitation costs
Protective orders can affect temporary support calculations
Fault-based divorce? ℹ️South Carolina recognizes fault grounds (adultery, cruelty, desertion, habitual drunkenness) that may significantly impact alimony decisions.
South Carolina Fault Considerations (SC Code § 20-3-130):
Adultery: May bar or limit alimony for at-fault spouse
Physical cruelty: May increase alimony for victim
Desertion: May affect alimony awards
Habitual drunkenness/drug use: May impact awards
Needs & Resources
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Enter age 18–100
Earning Capacity
Enter 0–50 years
Recipient sacrificed career for marriage? ℹ️Check if recipient gave up career advancement to support the marriage (relocated for spouse's job, stayed home with children).
Recipient has a disability? ℹ️Documented disability limiting earning capacity may qualify for longer-term alimony under SC Code § 20-3-130.
Duration Factors
Maintain marital standard of living? ℹ️SC courts may consider maintaining the marital lifestyle, especially in long-term marriages per E.D.M. v. T.A.M. (2019).
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets). May reduce alimony need.
Enter 0–50 years
Enter age 18–100
Important Legal Note: This calculator provides estimates only based on current South Carolina statutes and case law. Pending Legislation (2025–2026): Bill H3074 proposes limiting periodic alimony to marriages of 15+ years; Bill H3098 proposes a fixed formula (1 year alimony per 3 years of marriage); Bill H3081 proposes a hard cap at 17% of income difference. These bills have NOT passed into law as of 2026. Consult a licensed South Carolina family law attorney.
South Carolina Alimony Calculation Results
Alimony Type Determination
Recommended Alimony Type:
Primary Factors:
Monthly Alimony Amount
Guideline Amount:
Statutory Considerations:
Duration of Alimony
Recommended Duration:
SC Guidelines:
Judicial Considerations
Likely Range:
Key Factors:
Disclaimer: Estimates only. South Carolina has no mandatory alimony formula; judges use discretion under SC Code § 20-3-130. Note on Pending Laws: Bills H3074, H3098, H3081 (2025–2026) propose significant changes. Consult an attorney.
South Carolina Alimony Case Law
Voluntary Underemployment — Income Imputation
Yu v. Jonas, S.C. Ct. App., Opinion No. 2025-UP-001 (2025)
The Court of Appeals clarified that a spouse’s voluntary underemployment is a key factor in assessing income for alimony. If a payor voluntarily leaves a higher-paying job, the court may impute income based on earning capacity rather than actual current earnings when determining ability to pay.
Cohabitation Does Not Auto-Terminate Alimony
Smith v. Smith, S.C. Ct. App., 2024-UP-412 (2024)
The court reiterated that cohabitation alone does not automatically terminate alimony. The payor must demonstrate that cohabitation has materially reduced the recipient’s financial needs. Supportive relationships without shared finances may not qualify as cohabitation.
Alimony Supports Need, Not Income Equalization
Crossland v. Crossland, 408 S.C. 443, 759 S.E.2d 419 (2014)
The South Carolina Supreme Court emphasized that alimony should be based on the recipient’s need and the payor’s ability to pay, not simply equalizing incomes. The purpose of alimony is support, not punishment.
Marriage Duration & Standard of Living
E.D.M. v. T.A.M., 426 S.C. 528, 827 S.E.2d 576 (2019)
The South Carolina Supreme Court affirmed that marriage duration is a significant factor, with longer marriages generally supporting longer alimony duration. The court also considered the standard of living established during the marriage.
The court ruled that marital misconduct is a relevant factor in alimony determinations, particularly when misconduct affected the economic circumstances of the marriage. Fault is considered in the context of its financial impact on the parties.
Cohabitation — Material Effect Required
Craig v. Craig, 400 S.C. 281, 734 S.E.2d 621 (2011)
The Supreme Court clarified that the payor must demonstrate cohabitation has materially affected the recipient’s financial needs before alimony can be terminated or reduced on cohabitation grounds.
Modifying Alimony in South Carolina
South Carolina law allows modification or termination of alimony upon a showing of changed circumstances. The standard depends on the type of alimony ordered.
1. Grounds for Modification
Substantial and Continuing Change: A significant, ongoing change in circumstances not anticipated at the time of the original order (e.g., major income loss, disability).
Remarriage of Recipient: Alimony automatically terminates upon the recipient’s remarriage by operation of law.
Cohabitation: Payor must demonstrate cohabitation has materially reduced the recipient’s financial needs (see Craig v. Craig).
Payor’s Retirement: If retirement is reasonable (typically age 65+ or health-related), support may be reduced or terminated.
Recipient’s Improved Earning Capacity: Significant increase in recipient’s income from education or new employment.
Disability or Health Issues: New or worsening medical condition affecting earning capacity of either party.
2. Step-by-Step Modification Process
Step 1 – Document the Change: Gather evidence: pay stubs, tax returns, medical records, termination letters, retirement notices.
Step 2 – File a Petition: Submit a Petition for Modification to the family court that issued the original order, along with a supporting affidavit detailing the change.
Step 3 – Serve Notice: Legally notify the other party using certified mail or a process server.
Step 4 – Mediation (often required): Many SC courts require mediation before a hearing.
Step 5 – Court Hearing: If mediation fails, present evidence to the judge. Burden of proof is on the party seeking modification.
Step 6 – Order on Modification: Effective date is typically the filing date of the motion; no retroactive modification.
3. Critical Practical Considerations
Never stop paying without a court order: Stopping payments can result in contempt, arrearages, and legal penalties.
No retroactive modification: Act promptly when circumstances change.
Retirement modifications: Typically require the payor to be at least 65 years old or demonstrate health-related necessity.
South Carolina Code § 20-3-130 | Craig v. Craig, 400 S.C. 281 (2011) | Smith v. Smith, 2024-UP-412
South Carolina Alimony FAQs (Updated 2026)
Are there any pending laws that could change alimony in South Carolina?
Yes, multiple bills were introduced in 2025 and remain pending as of 2026:
Bill H.3074: Would limit periodic alimony only to marriages lasting 15 years or longer. Marriages under 15 years would only qualify for rehabilitative alimony.
Bill H.3098: Would eliminate indefinite periodic alimony and replace it with 1 year of alimony for every 3 years of marriage. Also changes cohabitation definition to 90 days.
Bill H.3081: Would impose a mathematical cap: alimony cannot exceed 17% of the income difference between spouses.
Bill H.3607 / 3605: Would define “earning potential” to prevent courts from imputing unrealistic income to recipients.
Important: As of 2026, these bills have NOT passed into law. Current law (SC Code § 20-3-130) remains in effect.
South Carolina Code § 20-3-130
What factors do South Carolina courts consider for alimony?
South Carolina courts consider multiple factors under Code § 20-3-130 including:
Duration of the marriage
Physical and emotional health of both parties
Educational background and earning potential
Employment history of each spouse
Standard of living during the marriage
Marital misconduct (fault)
Child custody arrangements
Tax consequences of the award
South Carolina Code § 20-3-130
How long does alimony last in South Carolina?
Short-term marriages (under 5 years): Typically 1–2 years of periodic alimony.
Mid-term marriages (5–15 years): Typically 2–4 years.
Long-term marriages (15+ years): May qualify for permanent alimony under current law.
Rehabilitative alimony: Limited to the approved plan duration (typically 2–5 years).
Note on Pending Law: If Bill H3074 or H3098 passes, alimony duration would be significantly reduced. Alimony terminates upon recipient’s remarriage or death of either party.
South Carolina Code § 20-3-130
Can alimony be modified in South Carolina?
Yes. SC courts can modify alimony if there is a substantial and continuing change in circumstances such as:
Significant increase or decrease in either party’s income (see Yu v. Jonas, 2025)
Remarriage of the recipient
Cohabitation of the recipient (see Smith v. Smith, 2024)
Retirement of the payor
Serious health issues affecting earning capacity
Modifications require filing a petition with the family court that issued the original order and are not retroactive.
South Carolina Code § 20-3-130
Does adultery affect alimony in South Carolina?
Yes. South Carolina is a fault state and adultery can significantly impact alimony:
An adulterous spouse may be barred from receiving alimony
The court has discretion in determining the impact
Must be proven by clear and convincing evidence
Timing of the adultery may affect the court’s decision
South Carolina Code § 20-3-130
Are alimony payments taxable in South Carolina?
Federal Tax (Current Law): For divorce or separation agreements executed after December 31, 2018, recipients do not include alimony as taxable income, and payors cannot deduct it (Tax Cuts and Jobs Act of 2017).
South Carolina State Tax: Follows federal treatment for post-2018 agreements — no deduction for payor, no income for recipient.
Pre-2019 agreements may have different tax treatment. Child support payments are never deductible or taxable.
IRC §71; Tax Cuts and Jobs Act of 2017
What is the difference between temporary, rehabilitative, and periodic alimony?
Temporary Alimony: Paid during the divorce proceedings; ends when divorce is finalized.
Rehabilitative Alimony: Short-term support for education or job training; ends when the plan is completed or time expires.
Periodic Alimony: Regular ongoing payments post-divorce; may be permanent for long marriages under current law.
Lump-Sum Alimony: One-time payment instead of ongoing support.
South Carolina Code § 20-3-130
How does retirement affect alimony in South Carolina?
Payor may petition to modify or terminate support at retirement age.
Courts consider whether retirement is reasonable (typically age 65+ or health-related).
Early retirement (55–64) is scrutinized for whether it is voluntary or health-related.
IRA/401k withdrawals may be considered as income; Social Security benefits may substitute for payments.
Recipient’s continued needs are still weighed against payor’s reduced income.