Divorce

Alimony, also called “maintenance” or “support” in South Carolina, is financial support paid by, or to, your spouse. In South Carolina, if you request maintenance, a judge may grant it after considering the following factors:

1. length of the marriage;
2. ages of each spouse at the time of your marriage and at the time your marriage ended;
3. both spouses’ physical and emotional conditions;
4. educational backgrounds of both spouses, and if either of you need more education or training to gain an income;
5. employment histories of both spouses and future ability to earn an income;
6. “standard of living” while married, which considers things like what your expenses were and what kind of house you lived in;
7. current and future earnings and spending needs of both spouses;
8. your separate property that you own and property that you got in the divorce or in another maintenance action;
9. who has custody of the children, particularly where conditions or circumstances make it appropriate that the custodian should not be required to work outside of the home or that employment should be limited;
10. marital misconduct or fault of either or both parties, even if it’s not used as a basis for the divorce; but only if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage;
11. tax consequences to each party based on the type of support ordered;
12. support obligations from previous marriages or for any other reasons; and
13. any other factors a judge finds relevant.¹

A judge cannot award a party alimony if s/he committed adultery until:

1. both spouses formally sign a written property or marital settlement agreement; or
2. a judge enters:
   • a permanent order of separate maintenance and support; or
   • a permanent order approving a property or marital settlement agreement.²

¹ S.C. Code § 20-3-130(C)
² S.C. Code § 20-3-130(A)