Start with S.C. Code § 20-3-170. In South Carolina, When the circumstances of the parties or the supporting spouse’s financial ability have changed since the decree, either party may apply to increase, decrease, or terminate periodic alimony. Retirement by the supporting spouse is sufficient grounds to warrant a hearing, with statutory factors (whether retirement was contemplated, age, health, mandatory vs. voluntary, income effect). That is the question this guide answers for modifying alimony. Lump-sum alimony is fixed and non-modifiable; only periodic and rehabilitative alimony remain subject to § 20-3-170. Periodic alimony terminates on the supported spouse’s remarriage or continued cohabitation with a romantic partner for 90 days after the divorce, or on the death of either party. Lump-sum and reimbursement alimony are not terminable on remarriage/cohabitation.
The legal standard in South Carolina
When the circumstances of the parties or the supporting spouse’s financial ability have changed since the decree, either party may apply to increase, decrease, or terminate periodic alimony. Retirement by the supporting spouse is sufficient grounds to warrant a hearing, with statutory factors (whether retirement was contemplated, age, health, mandatory vs. voluntary, income effect).
Courts start from the decree, not from scratch. The judge asks what the parties and the court knew when alimony was set, what has changed since, and whether the change is significant and durable enough to make the existing terms unreasonable. The moving party carries the burden, and documentation — tax returns, pension statements, medical records, lease agreements — decides most of these cases.
Grounds that most often succeed
- Retirement. Many states now treat reaching full retirement age as a presumptive or statutory ground. Early or voluntary retirement is scrutinized: courts ask whether it was in good faith, whether it was foreseeable at divorce, and whether the recipient had a chance to save.
- Involuntary income loss. Layoffs, business failure, disability, or industry collapse — with proof of diligent job-seeking. Voluntary underemployment is commonly met with income imputation instead of relief.
- The recipient's changed need. Improved earnings, remarriage-adjacent cohabitation, an inheritance, or reduced expenses.
- Health changes. New disability or extraordinary medical costs on either side.
- Cohabitation. Periodic alimony terminates on the supported spouse’s remarriage or continued cohabitation with a romantic partner for 90 days after the divorce, or on the death of either party. Lump-sum and reimbursement alimony are not terminable on remarriage/cohabitation.
Grounds that rarely work: a new partner's income without statutory cohabitation, ordinary inflation, the payor's new family expenses standing alone, or a temporary dip in earnings.
How the South Carolina rule applies
Apply the South Carolina authorities in order. The facts are simplified so the statute and the standard are visible.
A former spouse in South Carolina asks to change periodic alimony after retirement or a drop in income.
- File an application/rule to show cause filed in the family court that rendered the decree.
- Match the facts to the South Carolina standard: When the circumstances of the parties or the supporting spouse’s financial ability have changed since the decree, either party may apply to increase, decrease, or terminate periodic alimony. Retirement by the supporting spouse is sufficient grounds to warrant a hearing, with statutory factors (whether retirement was contemplated, age, health, mandatory vs. voluntary, income effect).
- Check whether this award can be modified at all: Lump-sum alimony is fixed and non-modifiable; only periodic and rehabilitative alimony remain subject to § 20-3-170.
- If the request is to end support, prove a trigger: Periodic alimony terminates on the supported spouse’s remarriage or continued cohabitation with a romantic partner for 90 days after the divorce, or on the death of either party. Lump-sum and reimbursement alimony are not terminable on remarriage/cohabitation.
Prospective; accrued alimony remains owed. The forum is the family court that entered the order, or the Department of Social Services (DSS) Child Support Enforcement Division.
Cohabitation and remarriage
Periodic alimony terminates on the supported spouse’s remarriage or continued cohabitation with a romantic partner for 90 days after the divorce, or on the death of either party. Lump-sum and reimbursement alimony are not terminable on remarriage/cohabitation.
Cohabitation cases are intensely fact-driven: shared finances, shared household expenses, the relationship's public character, and its duration all matter. South Carolina procedure requires proof — surveillance or speculation is not enough, and the recipient gets discovery and a hearing before payments stop. Until a court order issues, keep paying.
Step-by-step: how to file
- Read the decree and any incorporated agreement. Lump-sum alimony is fixed and non-modifiable; only periodic and rehabilitative alimony remain subject to § 20-3-170. Confirm the court retained jurisdiction to modify.
- Confirm the forum. Modification goes to an application/rule to show cause filed in the family court that rendered the decree. If a party has moved away, UIFSA and registration rules determine where the petition belongs.
- Gather evidence dated to the change. Termination notices, disability awards, pension and Social Security statements, tax returns, medical records, or evidence of the recipient's cohabitation.
- File and serve promptly. Prospective; accrued alimony remains owed.
- Exchange financial disclosure. Many courts require updated financial affidavits; self-employment cases often add forensic accounting or a vocational expert.
- Seek temporary relief if needed. Where circumstances are dire, ask the court for interim reduction or suspension pending the full hearing — South Carolina judges can grant temporary remedies in appropriate cases.
- Litigate, mediate, or stipulate. A settlement must be reduced to an order and entered before payment obligations change.
When the change takes effect
Prospective; accrued alimony remains owed.
The corollary: unilaterally reducing or stopping payments before an order issues builds arrears, interest, and contempt exposure — even if you ultimately win the modification.
Awards that cannot be modified (or are hard to change)
Lump-sum alimony is fixed and non-modifiable; only periodic and rehabilitative alimony remain subject to § 20-3-170.
Common traps:
- Lump-sum or property-division awards styled as alimony are usually final when entered.
- Agreement language that waives modification binds the parties even though the statute would allow a petition.
- Expired terms — once a fixed term lapses, most states will not revive it; a timely pre-expiration motion is critical.
- Jurisdiction reservations — in some states, if the decree did not expressly reserve jurisdiction to modify, no later court can.
Case law: how South Carolina courts decide alimony modification
These LawDiver opinions show how South Carolina appellate courts weigh changed circumstances, retirement, and cohabitation:
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 modification 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.
William M. BUTLER, Appellant, v. Lynn M. BUTLER, Respondent
William M. BUTLER, Appellant, v. Lynn M. BUTLER, Respondent, 385 S.C. 328 (2009)
…f the family court reducing Lynn M. Butler’s (Wife) monthly alimony. We affirm in part and remand in part. FACTS/PROCEDURAL BACKGROUND Husband and Wife were married on September 26, 1970, and had two children. After one year’s continuous separation in 1996, the family court approved an agreement entered into by Husband and Wife. Under the terms of their agreement, Husband agree…
Practitioners open William M. BUTLER, Appellant, v. Lynn M. BUTLER, Respondent when South Carolina alimony modification turns on the distinction in this sentence: "Lynn M. Butler’s (Wife) monthly alimony. We affirm in part and remand in part. FACTS/PROCEDURAL BACKGROUND Husband and Wife were married on September 26, 1970, and had two children." Do not lift it out of the facts the court was deciding.
Ex Parte Jeter Jeter v. Jeter.
Ex Parte Jeter Jeter v. Jeter., 193 S.C. 278 (1940)
…o Mrs. Jeter the sum of eighty dollars per month in lieu of alimony and support for herself and the minor child. This agreement further provided, “That the party of the second part shall have and retain the custody, possession and control of the said minor during the continuance of her minority.” This agreement provided that the payments shall continue until the death of Mrs. J…
On alimony modification, Ex Parte Jeter Jeter v. Jeter. speaks to the South Carolina dispute in this passage: "Mrs. Jeter the sum of eighty dollars per month in lieu of alimony and support for herself and the minor child." The surrounding opinion shows how the court applied that language to the record.
Colgate W. DARDEN, III, Appellant, v. Elizabeth J. WITHAM, Formerly Elizabeth J. Darden, and the Virginia National
…e, it is mutually agreed and understood as follows: “Wife's Alimony “The husband shall pay to the wife in full and final satisfaction of any and all claims which she now has or many *386 (sic) hereafter acquire, arising out of the marital relationship, but excepting therefrom those marital property rights hereinafter referred to, which claim or claims shall specifically include…
Colgate W. DARDEN, III, Appellant, v. Elizabeth J. WITHAM, Formerly Elizabeth J. Darden, and the Virginia National is worth reading on South Carolina alimony modification because the court put the point in its own words: "e, it is mutually agreed and understood as follows: “Wife's Alimony “The husband shall pay to the wife in full and final satisfaction of any and all claims which she now has or many *386 (sic) hereafter acquire, arising out of the marital relationship, but excepting therefrom tho" Use that passage as the starting point, then read the facts that precede it.
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…
South Carolina opinions such as Mary F. HARDEE, Respondent/Petitioner, v. Jerry N. HARDEE and Hardee Construction Company, Inc., Petitioners/Respondents are cited where alimony modification is disputed. The court stated: "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" That is the language to brief; the rest of the decision supplies the procedural posture.
Paul v. DEGENHART, Appellant, v. Debra v. BURRISS (f/K/A Debra v. Degenhart), Respondent
…a family court order denying his request for termination of alimony. We affirm. FACTS Paul V. Degenhart and Debra V. Burriss were married in 1989. The couple separated and entered into a written separation agreement in August 1999. Following one year of separation, they were divorced. The final divorce order incorporated the written separation agreement verbatim. The section of…
On alimony modification, Paul v. DEGENHART, Appellant, v. Debra v. BURRISS (f/K/A Debra v. Degenhart), Respondent speaks to the South Carolina dispute in this passage: "We affirm. FACTS Paul V. Degenhart and Debra V. Burriss were married in 1989. The couple separated and entered into a written separation agreement in August 1999. Following one year of separation, they were divorced." The surrounding opinion shows how the court applied that language to the record.
Patricia Houston MESSER, Respondent/Appellant, v. John A. MESSER, III, Appellant/Respondent
…former husband, John A. Messer, III (“Husband”), to collect alimony payable under a separation agreement incorporated into the parties’ final divorce decree. After multiple hearings, the family court ruled: 1) income should be imputed to Husband for his voluntary underemployment; 2) Husband improperly classified income derived from the sale of his business under a covenant not…
Patricia Houston MESSER, Respondent/Appellant, v. John A. MESSER, III, Appellant/Respondent is worth reading on South Carolina alimony modification because the court put the point in its own words: "John A. Messer, III (“Husband”), to collect alimony payable under a separation agreement incorporated into the parties’ final divorce decree." Use that passage as the starting point, then read the facts that precede it.
Practical checklist before you file
- Identify which type of alimony your decree awards — the modification rules differ by type.
- Confirm the decree or agreement does not bar modification.
- Document the change with third-party records, not just testimony.
- For retirement motions: assemble pension statements, Social Security estimates, the divorce-era financial disclosures, and evidence of good faith.
- For cohabitation petitions: gather admissible evidence and expect a discovery fight and an evidentiary hearing.
- Keep paying until the new order is signed; calendar the effective-date rules under S.C. Code § 20-3-170.
- Search LawDiver for recent South Carolina appellate decisions before filing.
Key takeaways
- South Carolina calls these payments alimony, governed for modification purposes by S.C. Code § 20-3-170.
- The legal standard: When the circumstances of the parties or the supporting spouse’s financial ability have changed since the decree, either party may apply to increase, decrease, or terminate periodic alimony.
- Prospective; accrued alimony remains owed.
- Termination events: Periodic alimony terminates on the supported spouse’s remarriage or continued cohabitation with a romantic partner for 90 days after the divorce, or on the death of either party.
- Lump-sum alimony is fixed and non-modifiable; only periodic and rehabilitative alimony remain subject to § 20-3-170.
- File in application/rule to show cause filed in the family court that rendered the decree — do not wait: Prospective; accrued alimony remains owed.
- Companion reading: South Carolina alimony guide and how to modify child support in South Carolina.
Frequently asked questions
Can alimony be modified in South Carolina?
Yes, in most cases. When the circumstances of the parties or the supporting spouse’s financial ability have changed since the decree, either party may apply to increase, decrease, or terminate periodic alimony. Retirement by the supporting spouse is sufficient grounds to warrant a hearing, with statutory factors (whether retirement was contemplated, age, health, mandatory vs. voluntary, income effect).
Does retirement end alimony in South Carolina?
Retirement is a recognized ground in South Carolina — S.C. Code § 20-3-170 governs how courts weigh it. Reaching normal retirement age carries more weight than early or voluntary retirement, and the recipient's own retirement readiness is considered.
Does my ex's cohabitation stop alimony?
Periodic alimony terminates on the supported spouse’s remarriage or continued cohabitation with a romantic partner for 90 days after the divorce, or on the death of either party. Lump-sum and reimbursement alimony are not terminable on remarriage/cohabitation. You must petition the court and prove the statutory elements — the obligation does not end by operation of the new relationship alone until a judge so orders (unless South Carolina's statute makes termination automatic on remarriage).
Can alimony be increased?
Yes, where the statute permits. Recipients who prove a material increase in need — often medical — can seek upward modification, subject to the payor's ability to pay.
Can South Carolina courts modify alimony retroactively?
Prospective; accrued alimony remains owed.
What if my alimony was set by agreement?
Lump-sum alimony is fixed and non-modifiable; only periodic and rehabilitative alimony remain subject to § 20-3-170. Agreements matter: read the incorporated terms before assuming a petition will be heard on ordinary changed-circumstances grounds.
Related guides
- How South Carolina calculates child support
- South Carolina alimony / alimony guide
- How to modify alimony in South Carolina
- How to modify child support in South Carolina
Disclaimer
This guide is general legal information about modifying alimony in South Carolina, not legal advice. Statutes and case law change. Confirm the current text of S.C. Code § 20-3-170 and consult a licensed South Carolina family-law attorney about your decree before filing or changing payments.