Reviewed for current 2026 law
South Carolina Alimony Calculator and Factors
South Carolina names five kinds of alimony and lets the court order any other form it finds just. There is no statewide formula, and pending reform bills are not law.
Reviewed by SupportDecode Editorial Team Page content reviewed Sources Methodology Update log
alimony calculator
No statewide dollar formula
No invented award amount
No responsible dollar estimate is available
SC sets alimony by judicial discretion; there is no statutory formula. Courts weigh the enumerated factors below.
Factors the court weighs instead
- 1Marriage duration and ages at marriage and at the divorce or separate maintenance action
- 2Physical and emotional condition
- 3Educational background and need for training
- 4Employment history and earning potential
- 5Marital standard of living
- 6Current and reasonably anticipated earnings, expenses, and needs
- 7Marital and nonmarital property
- 8Custody of children and employment limits
- 9Marital misconduct or fault that affected finances or contributed to the breakup
- 10Tax consequences and other support obligations
- 11Other relevant factors
S.C. Code § 20-3-130(C)
Duration limits
- Periodic: Ends on the supported spouse’s remarriage or continued cohabitation (90 or more consecutive days in a romantic relationship) or either spouse’s death; modifiable for changed circumstances.
- Lump-sum: A finite total paid at once or in installments; ends only at the supported spouse’s death and is not modifiable for remarriage or changed circumstances.
- Rehabilitative: A finite sum ending on remarriage, continued cohabitation, death, or a set future event; modifiable only for unforeseen events that frustrate self-support efforts or affect the payer’s ability to pay.
- Reimbursement: A finite sum that reimburses the supported spouse from the payer’s future earnings based on circumstances or events during the marriage; ends on remarriage, continued cohabitation, or death, and is not modifiable for changed circumstances.
- Separate maintenance: Paid periodically while the spouses live apart without divorce; ends on continued cohabitation, divorce, or either spouse’s death, and is modifiable for changed circumstances.
- Other forms: The list is open-ended: the court may order any other form of spousal support it finds just and may grant more than one form.
S.C. Code §§ 20-3-130(B) and 20-3-150
Assumptions
- This tool does not estimate a dollar amount for discretionary states: any number would be invented.
- Pending reform bills are not enacted law; the current statute provides forms and factors but no mandatory amount formula.
Official sources
Estimate only. The court or state agency calculation controls.
South Carolina alimony under S.C. Code § 20-3-130.
Five named forms, and the list stays open
Under S.C. Code § 20-3-130, a family court may award alimony or separate maintenance while the case is pending and permanently, in amounts and for terms it considers just. No statewide percentage or formula sets the amount.
The statute names five forms: periodic, lump-sum, rehabilitative, reimbursement, and separate maintenance. The list opens with the words “including, but not limited to,” and the court may order any other form it finds just or grant more than one form.
The forms end and change differently. Periodic alimony ends on the supported spouse’s remarriage or continued cohabitation, or either spouse’s death, and can be changed when circumstances change. Lump-sum alimony ends only at the supported spouse’s death and cannot be changed for remarriage or changed circumstances. Reimbursement alimony repays the supported spouse from the payer’s future earnings, based on events during the marriage, and cannot be changed for changed circumstances.
A spouse who commits adultery before a written settlement agreement is signed, or before a permanent order is entered, cannot be awarded alimony. Other marital misconduct counts as a factor when it affected the couple’s finances or contributed to the breakup.
- Named forms
- Five, plus any other form the court finds justsource
- Amount formula
- None statewidesource
- Factors
- Thirteen, § 20-3-130(C)source
- Cohabitation
- 90 or more days in a romantic relationshipsource
- Adultery
- Bars alimony if it came before a settlement or permanent ordersource
- Pending bills
- Not current lawsource
Choose form before discussing duration
The form decides how an award ends and whether it can change, so identify it first. Then gather evidence for each of the thirteen factors, including both spouses’ earnings, expenses, property, health, and custody arrangements.
If cohabitation is at issue, keep a record of dates. The statute counts 90 or more consecutive days of living with a romantic partner, and shorter stays can count if the couple separates now and then to get around that rule.
What this estimate includes
- Named forms and the open-ended list
- Thirteen-factor checklist
- Termination, modification, and cohabitation rules
What it leaves out
- Predicted amount
- Pending legislation
- Tax advice
South Carolina alimony calculator FAQs
Is there a 17% alimony cap in South Carolina?
No. A 2025-2026 bill, H.3081, proposed capping alimony at 17 percent of the difference in the spouses’ annual wages. It is not law: the official 2026 acts list we reviewed contains no alimony act, and current § 20-3-130 has no percentage.
What forms of alimony exist?
The statute names periodic, lump-sum, rehabilitative, reimbursement, and separate maintenance and support. The list is not closed: the court may order any other form it finds just and may grant more than one form.
Can I get temporary alimony while the case is pending?
Yes. Either spouse can ask for alimony and suit money while the case is pending, in the complaint, the answer, or a petition (S.C. Code § 20-3-120). The same principles apply in separate support cases as in divorce.
Does adultery bar alimony?
Yes, if it happens before the earlier of two events: signing a written property or marital settlement agreement, or entry of a permanent order of separate maintenance or approving a settlement. Other misconduct is a factor when it affected the finances or contributed to the breakup.
What counts as continued cohabitation?
Unless the spouses agreed otherwise in writing, it means the supported spouse lives with another person in a romantic relationship for 90 or more consecutive days. The court can find it for shorter stays if the two separate now and then to get around the 90-day rule.
Is lump-sum alimony modifiable?
No. Lump-sum alimony is a fixed total, paid at once or in installments, that ends only at the supported spouse’s death and cannot be changed for remarriage or changed circumstances.
Can periodic alimony be changed?
Yes. Either party can ask the court to increase, decrease, or end periodic alimony when circumstances change. The payer’s retirement is enough to get a hearing, and the court weighs factors such as age, health, whether retirement was voluntary, and whether it was expected when alimony was set. Spouses can agree in writing, with court approval, to make alimony nonmodifiable.
How is rehabilitative alimony different?
It is a finite sum that ends on remarriage, continued cohabitation, death, or a future event the court sets. It can be changed only for unforeseen events that frustrate the supported spouse’s good-faith efforts to become self-supporting, or that affect the payer’s ability to pay.
Does custody matter?
Yes. Custody is a factor, especially when a parent should not have to work outside the home or can work only in a limited way. When the spouse receiving alimony also gets custody, the decree must split the award between spouse and children unless good cause is shown.
Is alimony taxable?
For federal taxes, alimony paid under a divorce or separation agreement signed after 2018 is not deductible by the payer and is not income to the recipient, according to IRS Topic 452. South Carolina lets the court state the intended tax effect of an award.
Good to know in South Carolina
- The court can require security for alimony, such as life insurance on the paying spouse (S.C. Code § 20-3-130(D)).
- Alimony can be paid directly or through the Family Court, and the court decides who pays the service fee (S.C. Code § 20-3-130(E)).
- The court may order one spouse to pay the other’s reasonable attorney fees, expert fees, and costs (S.C. Code § 20-3-130(H)).
Official sources
Official sources last verified: .
- S.C. Code § 20-3-130, alimony forms and factors
South Carolina General Assembly Last checked
- H.3081 (2025-2026 session), proposed alimony cap, as introduced
South Carolina General Assembly Last checked
- Topic no. 452, Alimony and separate maintenance
IRS Last checked
Changelog: page reviewed . Material changes appear in the update log.