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South Carolina Alimony Calculator

Calculate Alimony Under South Carolina Code § 20-3-130

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 15+ years?
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? ℹ️Check if there was documented domestic violence in the marriage. South Carolina courts may increase alimony for victims.

South Carolina Domestic Violence Impact:

  • 10-20% increase in alimony amounts typically awarded
  • May qualify for longer duration regardless of marriage duration
  • Court may order additional therapy/rehabilitation costs
  • Protective orders can affect temporary support calculations

See: South Carolina Code § 20-3-130

Fault-based divorce? ℹ️South Carolina recognizes fault grounds for divorce which may impact alimony decisions.

South Carolina Fault Considerations:

  • 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

See: South Carolina Code § 20-3-130

South Carolina Professional License Rules:

  • Courts may order support during license maintenance periods
  • Continuing education costs may be factored into awards
  • Malpractice insurance costs considered for medical professionals

See: South Carolina Code § 20-3-130

South Carolina Cohabitation Rules:

  • Alimony typically terminates upon remarriage
  • Cohabitation may be grounds for modification
  • Payor must petition court for modification
  • Must prove financial interdependence

See: South Carolina Code § 20-3-130

Needs and Resources

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South Carolina Retirement Rules:

  • Early Retirement (55-64): Courts examine whether voluntary or health-related
  • Normal Retirement (65+): May be grounds for modification
  • Retirement Accounts: IRA/401k withdrawals may be considered as income
  • Social Security: Benefits may substitute for alimony payments

See: South Carolina Code § 20-3-130

Earning Capacity

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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.g., relocated for spouse's job, stayed home with children)
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term alimony.

Duration Factors

Maintain marital standard of living? ℹ️South Carolina courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
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Important Legal Note: This calculator provides estimates only based on current South Carolina statutes and case law. Important Pending Legislation: Bill H3074 was introduced in 2025 and proposes significant changes, including limiting periodic alimony to marriages of 15+ years. This bill has NOT passed into law as of early 2026. The calculation is not legal advice. Consult a licensed South Carolina family law attorney for advice regarding your specific situation and to understand how potential law changes might affect you.

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:

South Carolina Guidelines:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: This calculator provides estimates only based on South Carolina statutes and case law. The calculation is not legal advice and actual court-ordered alimony may differ. Consult a licensed South Carolina family law attorney for legal advice regarding your specific situation. Note on Pending Law: Bill H3074 proposes changes to alimony eligibility. Please consult an attorney for the most current information.

South Carolina Alimony Case Law Examples

Yu v. Jonas (2025)
South Carolina Court of Appeals, Opinion No. 2025-UP-001

In this recent case, the Court of Appeals clarified that a spouse's voluntary underemployment is a key factor in assessing income for alimony. The court held that 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. This reinforces the principle that alimony is based on ability to pay, not willingness.

Crossland v. Crossland (2014)
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 court affirmed that the purpose of alimony is to provide support, not to punish either party.

E.D.M. v. T.A.M. (2019)
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.

Murray v. Murray (1993)
312 S.C. 154, 439 S.E.2d 312 (Ct. App. 1993)

The court ruled that marital misconduct is a relevant factor in alimony determinations, particularly when the misconduct affected the economic circumstances of the marriage. The court emphasized that fault should be considered in the context of its impact on the parties' financial situation.

Gilbert v. Gilbert (2007)
377 S.C. 7, 658 S.E.2d 1 (Ct. App. 2007)

The Court of Appeals affirmed that rehabilitative alimony is appropriate when a spouse needs education or training to become self-supporting. The court emphasized that the recipient must present a specific plan for rehabilitation.

Craig v. Craig (2011)
400 S.C. 281, 734 S.E.2d 621 (2011)

The South Carolina Supreme Court clarified that cohabitation alone does not automatically terminate alimony. The court held that the payor must demonstrate the cohabitation has materially affected the recipient's financial needs.

Modifying Alimony in South Carolina

South Carolina law allows for modification of alimony under certain circumstances. Here's the process for requesting a modification:

Grounds for Modification

Under South Carolina law, alimony can be modified for:

A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Cohabitation of the recipient
Disability or health issues affecting earning capacity

Modification Process

File a Petition: Submit a Petition for Modification to the family court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many South Carolina courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.

Important Considerations

Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying alimony without court approval - you risk contempt charges.
South Carolina requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.

Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.

South Carolina Alimony FAQs

Are there any pending laws that could change alimony in South Carolina?

Yes. In 2025, Bill H3074 was introduced in the South Carolina legislature. Key proposed changes include:

  • Limiting eligibility for periodic alimony (long-term support) only to marriages lasting 15 years or longer.
  • Establishing more predictable guidelines for calculating alimony amounts and duration.

Important: As of early 2026, this bill has NOT passed into law. It is pending legislation. The current law (S.C. Code § 20-3-130) remains in effect. It is crucial to consult with a family law attorney who can advise you on the current law and potential future changes.

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 of each spouse
  • Employment history and earning potential
  • Standard of living during the marriage
  • Current and expected earnings of both parties
  • Marital misconduct (fault)
  • Child custody arrangements
  • Tax consequences

Source: South Carolina Code § 20-3-130

How long does alimony last in South Carolina?

Alimony duration in South Carolina depends on several factors:

  • Short-term marriages (under 5 years): Typically 0.5-1 year per year of marriage
  • Medium-term marriages (5-15 years): Typically 0.5-1 year per year of marriage
  • Long-term marriages (15+ years): May qualify for permanent alimony under current law
  • Rehabilitative alimony: Limited duration for education/training

Note on Pending Law: If Bill H3074 passes, periodic alimony would generally only be available for marriages of 15+ years. Alimony typically terminates upon remarriage of the recipient or death of either party.

Can alimony be modified in South Carolina?

Yes, South Carolina courts can modify alimony orders if there's a substantial change in circumstances such as:

  • Significant increase or decrease in either party's income (see Yu v. Jonas (2025) on imputed income)
  • Remarriage of the recipient
  • Cohabitation of the recipient
  • Retirement of the payor
  • Serious health issues affecting earning capacity

Modifications require filing a petition with the family court that issued the original order.

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

Source: South Carolina Code § 20-3-130

What is the difference between temporary and permanent alimony?

South Carolina recognizes several types of alimony:

  • Temporary Alimony: Paid during the divorce proceedings
  • Rehabilitative Alimony: Short-term support for education/training
  • Periodic Alimony: Regular payments for a set period
  • Permanent Alimony: Ongoing support, typically for long marriages under current law
  • Lump-Sum Alimony: One-time payment instead of ongoing support
Are alimony payments taxable in South Carolina?

Federal tax (2026 update): Under the Tax Cuts and Jobs Act of 2017, alimony payments are no longer deductible for the payor or taxable to the recipient for divorce agreements executed after December 31, 2018.

South Carolina tax: Follows federal treatment - no deduction for payor or income for recipient for post-2018 agreements.

Key considerations:

  • Pre-2019 agreements may have different tax treatment
  • Child support payments are never deductible
  • Property settlements have different tax treatment

IRC §71, Tax Cuts and Jobs Act of 2017

How does retirement affect alimony in South Carolina?

Retirement impacts South Carolina alimony cases:

  • Payor may petition to modify/terminate at retirement age
  • Court considers whether retirement is reasonable
  • Recipient's needs still considered
  • Early retirement may not be considered reasonable

Key factors courts consider:

  • Age of parties
  • Health status
  • Financial resources
  • Type of alimony awarded

South Carolina Code § 20-3-130

How do county differences affect alimony in South Carolina?

South Carolina counties may handle alimony cases differently:

  • Urban Counties (Greenville, Charleston): Typically higher alimony amounts
  • Suburban Counties (Richland, Spartanburg): Moderate alimony amounts
  • Rural Counties: Generally lower alimony amounts
  • Judicial Preferences: Some counties have local rules or common practices

Key county-specific factors:

  • Local cost of housing and living expenses
  • Prevailing wage rates in the region
  • Availability of employment opportunities
  • Local court rules and common practices

South Carolina Code § 20-3-130

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