South Carolina H 3098: Alimony

Bill Text

2025-2026 Bill 3098 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3098

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 20-3-130, RELATING TO CATEGORIES OF ALIMONY, SO AS TO ELIMINATE 
PERIODIC ALIMONY, TO ADD ALIMONY CALCULATED BASED ON THE LENGTH OF MARRIAGE, 
AMONG OTHER FACTORS, AND TO MAKE TECHNICAL CORRECTIONS; BY AMENDING SECTIONS 
20-3-120, 20-3-140, 20-3-150, 20-3-620, AND 20-3-630, ALL RELATING TO ALIMONY, 
SO AS TO MAKE CONFORMING CHANGES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 20-3-130 (A), (B)(1), (C)(10), and (H) of the 
S.C. Code is amended to read:

 (A) In proceedings for divorce from the 
bonds of matrimony, and in actions for separate maintenance and support, the 
court may grant alimony or separate maintenance and support in such amounts and 
for such term as the court considers appropriate as from the circumstances of 
the parties and the nature of case may be just, pendente 
lite, and permanentlyupon a party's application for 
temporary relief or for a final order, or both. No alimony may be 
awarded a spouse who commits adultery before the earliestearlier of these two events: (1) the formal signing of a 
written property or marital settlement agreement or (2) entry of a permanentfinal order of 
separate maintenance and support or of a permanentfinal order approving a property or marital settlement 
agreement between the parties.

 (B) 
Alimony and separate maintenance and support awards may be granted pendente lite and permanentlyupon 
application by a party for temporary relief or for a final order, or both, 
in such amounts and for periods of time subject to conditions as the court 
considers just including, but not limited to:

 (1) 
Periodic alimony to be paid but terminating on the 
remarriage or continued cohabitation of the supported spouse or upon the death 
of either spouse (except as secured in subsection (D)) and terminable and 
modifiable based upon changed circumstances occurring in the future. The 
purpose of this form of support may include, but is not limited to, 
circumstances where the court finds it appropriate to order the payment of 
alimony on an ongoing basis where it is desirable to make a current 
determination and requirement for the ongoing support of a spouse to be 
reviewed and revised as circumstances may dictate in the future.Alimony for a specific period of time to be paid one year for 
every three years of marriage, but terminating upon the continued cohabitation 
of the supported spouse, retirement age as defined by the Social Security Act, 
or upon the death of either spouse, except as secured in subsection (D), and 
terminable and modifiable based upon changed circumstances in the future.

 (10) 
marital misconduct or fault of either or both parties, whether or not used as a 
basis for a divorce or separate maintenance decree if the misconduct affects or 
has affected the economic circumstances of the parties, or contributed to the 
breakup of the marriage, except that no evidence of personal conduct which may 
otherwise be relevant and material for the purpose of this subsection may be 
considered with regard to this subsection if the conduct took place subsequent 
to the happening of the earliestearlier of (a) the formal signing of a written property 
or marital settlement agreement or (b) entry of a permanentfinal order of separate maintenance and support or of a permanentfinal order 
approving a property or marital settlement agreement between the parties;

 (H) 
The court, from time to time after considering the financial resources and 
marital fault of both parties, may order one party to pay a reasonable amount 
to the other for attorney fees, expert fees, investigation fees, costs, and 
suit money incurred in maintaining an action for divorce from the bonds of 
matrimony, as well as in actions for separate maintenance and support, 
including sums for services rendered and costs incurred before the commencement 
of the proceeding and after entry of judgment, pendente 
lite and permanentlyand including both an action 
for temporary relief and the underlying action for divorce.

SECTION 
2.A. Section 20-3-120 of the S.C. Code is amended 
to read:

 Section 
20-3-120. In every divorce action from the bonds of matrimony either party may 
in his or her complaint or answer or by petition pray for the allowance to him 
or her of alimony and suit money and for the allowance of such alimony and suit 
money pendente liteduring the 
pendency of the action through a prayer for temporary relief. If such 
claim shall appear well-founded the court shall allow a reasonable sum 
therefor.

B. Section 20-3-140 of the S.C. Code is amended to read: