South Carolina's rule on alimony turns on a feature the national template does not capture: South Carolina calls it alimony. Discretionary. Courts may award several statutory forms of alimony after weighing factors including fault and earning capacity—no percentage formula. Forms include Permanent periodic, rehabilitative, reimbursement, lump-sum, and separate maintenance and support.. The controlling authority is S.C. Code Ann. § 20-3-130. Duration: Rehabilitative and reimbursement awards are time-limited; permanent periodic continues until terminating events. Termination: Remarriage or continued cohabitation of the supported spouse, death, or court order.
Key takeaways
- South Carolina uses the term alimony under S.C. Code Ann. § 20-3-130.
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary. Courts may award several statutory forms of alimony after weighing factors including fault and earning capacity—no percentage formula.
- Common forms include: Permanent periodic, rehabilitative, reimbursement, lump-sum, and separate maintenance and support.
- Duration framework: Rehabilitative and reimbursement awards are time-limited; permanent periodic continues until terminating events.
- Permanent / indefinite support: Yes. Permanent periodic alimony remains a recognized form, especially after long marriages.
- Companion child-support guide: South Carolina child support guidelines.
Worked example under South Carolina law
The illustration below uses only rules already stated for South Carolina. It is a research hypothetical, not a prediction of what a court will do.
One spouse asks a South Carolina court for alimony after a divorce filing.
- Use the label and statute South Carolina actually uses: alimony under S.C. Code Ann. § 20-3-130.
- There is no formula. Apply the statutory factors: Discretionary. Courts may award several statutory forms of alimony after weighing factors including fault and earning capacity—no percentage formula.
- Set duration from South Carolina rules: Rehabilitative and reimbursement awards are time-limited; permanent periodic continues until terminating events.
- Identify what ends the award: Remarriage or continued cohabitation of the supported spouse, death, or court order.
Yes. Permanent periodic alimony remains a recognized form, especially after long marriages. Fault: Fault is critical: adultery by the supported spouse generally bars alimony. TCJA: post-2018 alimony is not federally deductible/includible; South Carolina generally conforms.
What alimony is (and is not)
Alimony is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see S.C. Code Ann. § 63-17-470; South Carolina Child Support Guidelines) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply South Carolina's statutory framework.
Eligibility and statutory factors
Discretionary. Courts may award several statutory forms of alimony after weighing factors including fault and earning capacity—no percentage formula.
Fault. Fault is critical: adultery by the supported spouse generally bars alimony.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of alimony in South Carolina
Permanent periodic, rehabilitative, reimbursement, lump-sum, and separate maintenance and support.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
South Carolina does not use a statewide calculator for final alimony. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long alimony lasts
Rehabilitative and reimbursement awards are time-limited; permanent periodic continues until terminating events.
Permanent / indefinite support. Yes. Permanent periodic alimony remains a recognized form, especially after long marriages.
When alimony ends or can be changed
Remarriage or continued cohabitation of the supported spouse, death, or court order.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are South Carolina-specific.
Taxes
TCJA: post-2018 alimony is not federally deductible/includible; South Carolina generally conforms.
Child support remains non-deductible and non-taxable. Do not assume alimony treatment mirrors child support.
Case law: how South Carolina courts decide alimony
These LawDiver opinions illustrate how South Carolina appellate courts discuss need, ability to pay, duration, and related issues:
C. Carl JOHNSON, Appellant-Respondent v. Terry Cobb JOHNSON, Respondent-Appellant
…tion of the marital estate; (2) the award of rehabilitative alimony to the wife; and (3) the award of attorney’s fees to the wife. We affirm in part and reverse in part and remand. C. Carl Johnson, a dentist practicing in Greenwood, South Carolina, proposed marriage to Terry Cobb, a dental hygienist working in Columbia, in April 1985. Dr. Johnson made the proposal by telephone,…
On alimony, C. Carl JOHNSON, Appellant-Respondent v. Terry Cobb JOHNSON, Respondent-Appellant speaks to the South Carolina dispute in this passage: "We affirm in part and reverse in part and remand. C. Carl Johnson, a dentist practicing in Greenwood, South Carolina, proposed marriage to Terry Cobb, a dental hygienist working in Columbia, in April 1985. Dr." The surrounding opinion shows how the court applied that language to the record.
Frances Pritchett WOODWARD, Respondent-Appellant v. William McGill WOODWARD, Appellant-Respondent
…ppeals several aspects of the equitable division award, the alimony award, attorney fees and an evidentiary ruling by the trial judge. We affirm in part, reverse in part and remand. The facts of this case are not in dispute. The parties met in 1962 while the husband was a medical student at the Medical College of South Carolina. The wife was a resident in ophthalmology at the s…
On alimony, Frances Pritchett WOODWARD, Respondent-Appellant v. William McGill WOODWARD, Appellant-Respondent speaks to the South Carolina dispute in this passage: "We affirm in part, reverse in part and remand. The facts of this case are not in dispute. The parties met in 1962 while the husband was a medical student at the Medical College of South Carolina." The surrounding opinion shows how the court applied that language to the record.
James Richard MILES, Petitioner, v. Theodora MILES, Respondent
James Richard MILES, Petitioner, v. Theodora MILES, Respondent, 393 S.C. 111 (2011)
…n, child support, equitable division of the marital assets, alimony, and attorney’s fees. Prior to the final hearing, the parties reached an agreement as to many of the issues, which provided in pertinent part: 5. [Husband] shall continue to maintain health and dental insurance on [Wife] through his place of employment until such time as [Wife] remarries or until [Wife] attains…
Practitioners open James Richard MILES, Petitioner, v. Theodora MILES, Respondent when South Carolina alimony turns on the distinction in this sentence: "Prior to the final hearing, the parties reached an agreement as to many of the issues, which provided in pertinent part: 5." Do not lift it out of the facts the court was deciding.
Jean C. BREWER, Appellant, v. John M. BREWER, Respondent
Jean C. BREWER, Appellant, v. John M. BREWER, Respondent, 242 S.C. 9 (1963)
…gomery, and particularly the propriety of awarding lump sum alimony and the amount thereof. The appeal was heard by the Honorable James Hugh McFaddin, Judge of the Third Circuit, because of the disqualification of the Resident Judge of the Fifth Circuit. On February 15, 1962, Judge McFaddin issued an order in which he confirmed the decree of Judge Montgomery in all respects, ex…
South Carolina opinions such as Jean C. BREWER, Appellant, v. John M. BREWER, Respondent are cited where alimony is disputed. The court stated: "The appeal was heard by the Honorable James Hugh McFaddin, Judge of the Third Circuit, because of the disqualification of the Resident Judge of the Fifth Circuit." That is the language to brief; the rest of the decision supplies the procedural posture.
Mary F. HARDEE, Respondent/Petitioner, v. Jerry N. HARDEE and Hardee Construction Company, Inc., Petitioners/Respondents
…ve no right against the other by way of claims for support, alimony, attorney’s fees, cost, or division of property, except as specifically stated hereinafter. 7. It is specifically understood and agreed that should a separation or divorce occur between the parties, each of the parties would maintain all of their property as if the marriage had never occurred and each of the pa…
On alimony, Mary F. HARDEE, Respondent/Petitioner, v. Jerry N. HARDEE and Hardee Construction Company, Inc., Petitioners/Respondents speaks to the South Carolina dispute in this passage: "ve no right against the other by way of claims for support, alimony, attorney’s fees, cost, or division of property, except as specifically stated hereinafter. 7. It is specifically understood and agreed that should a separation or divorce occur between the parties, each of the p" The surrounding opinion shows how the court applied that language to the record.
Ralph Alvin TOLER, Respondent v. Kathryn Lewis TOLER, Appellant
Ralph Alvin TOLER, Respondent v. Kathryn Lewis TOLER, Appellant, 292 S.C. 374 (1987)
…tal estate. In addition, the wife sought permanent periodic alimony. The court granted the divorce, awarded the wife two years of rehabilitative alimony, and distributed the marital estate. The wife appeals the alimony award and the equitable distribution. We vacate in part and remand. The parties were married on July 28,1962. They separated in August 1984. At the time of the h…
Practitioners open Ralph Alvin TOLER, Respondent v. Kathryn Lewis TOLER, Appellant when South Carolina alimony turns on the distinction in this sentence: "In addition, the wife sought permanent periodic alimony. The court granted the divorce, awarded the wife two years of rehabilitative alimony, and distributed the marital estate. The wife appeals the alimony award and the equitable distribution. We vacate in part and remand." Do not lift it out of the facts the court was deciding.
Practical checklist
- Identify the correct statutory label (alimony) and controlling section (S.C. Code Ann. § 20-3-130).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if South Carolina law makes it relevant to eligibility or amount.
- Search LawDiver for recent South Carolina decisions before mediation.
- Cross-check child support interactions via the South Carolina child support guide.
Frequently asked questions
Does South Carolina still award permanent alimony?
Yes. Permanent periodic alimony remains a recognized form, especially after long marriages.
How is alimony calculated in South Carolina?
South Carolina leaves amount largely to judicial discretion under S.C. Code Ann. § 20-3-130, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive alimony?
Rehabilitative and reimbursement awards are time-limited; permanent periodic continues until terminating events. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony?
Remarriage or continued cohabitation of the supported spouse, death, or court order.
Is alimony taxable?
TCJA: post-2018 alimony is not federally deductible/includible; South Carolina generally conforms.
Where can I read South Carolina alimony opinions?
Open the cases linked above or search LawDiver scoped to South Carolina. For support of children, see the South Carolina child support guidelines guide.
Disclaimer
This article provides general information about South Carolina alimony and is not legal advice. Confirm the current text of S.C. Code Ann. § 20-3-130 and consult a licensed South Carolina family-law attorney before acting on any rule described here.