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Spousal support, or alimony, in South Carolina can end in several ways, depending on the type of support awarded by the court. Most forms of alimony terminate automatically upon the remarriage of the receiving spouse or the death of either party. The type of alimony in your divorce decree determines which termination rules apply and whether a life event ends your obligation automatically or requires a formal petition to the court.

Types of Spousal Support and Duration in South Carolina

South Carolina recognizes several distinct forms of spousal support, and each one carries different rules about how long payments last and under what circumstances they can change. The type of alimony a court orders depends heavily on the length of the marriage, each spouse’s financial position, and the goals the court wants to achieve.

Permanent Periodic Alimony

Permanent periodic alimony provides ongoing monthly payments with no predetermined end date. Courts in the Lowcountry and across South Carolina typically reserve this form of spousal support for longer marriages where one spouse lacks the ability to become fully self-sufficient. Payments continue until remarriage, cohabitation, or the death of either party.

Rehabilitative Alimony

Rehabilitative alimony provides the receiving spouse with temporary financial support while they acquire the education, training, or skills needed to re-enter the workforce. The court ties the duration to a specific goal, and payments end when that milestone occurs, when the recipient remarries or cohabits, or when either party dies.

Lump-Sum Alimony

Lump-sum alimony is a fixed total amount paid either in a single payment or in scheduled installments over a set period. Once ordered, it cannot be modified or terminated based on remarriage or changed circumstances, making it the most rigid form of spousal support available in South Carolina.

Reimbursement Alimony

Reimbursement alimony compensates a spouse who made significant financial contributions toward the other’s education, professional development, or career advancement during the marriage. The court calculates a specific dollar amount, and the paying spouse fulfills the obligation in a single payment or a series of installments. Once the paying spouse fulfills the calculated amount, the obligation is complete, and no further payments are owed.

Temporary Alimony (Separation/Maintenance)

Temporary alimony, also known as pendente lite support, provides financial assistance to the lower-earning spouse while the divorce case proceeds through the family court. These payments typically end once the judge issues a final divorce decree, and receiving temporary spousal maintenance does not guarantee that permanent alimony will be awarded.

What Scenarios Call for the Termination of Spousal Support?

South Carolina family courts recognize certain life events that can end spousal support payments following a divorce, and which events apply depends on the type of alimony in your decree:

• Remarriage of the supported spouse: When the receiving spouse enters a new marriage, most forms of spousal support terminate automatically under S.C. Code § 20-3-130. Lump-sum alimony is the notable exception, as it remains payable regardless of remarriage.
• Death of either spouse: Spousal support ends when either the paying or receiving spouse passes away, though lump-sum alimony may continue to be payable to the recipient’s estate depending on the terms of the order.
• Continued cohabitation: If the supported spouse moves in with a romantic partner for 90 or more consecutive days, the paying spouse can petition the court to terminate support. South Carolina courts can also find cohabitation exists when the supported spouse periodically separates from a partner specifically to avoid triggering the 90-day threshold.
• Completion of a specific event: Some alimony orders include a built-in end date tied to the completion of a degree, vocational training, or another milestone designed to promote financial independence.
• Retirement of the paying spouse: Retirement constitutes grounds for a hearing to determine whether changed financial circumstances warrant reducing or terminating alimony payments.
• Mutual agreement: Both parties may, with court approval, in writing, terminate or modify support at any time.

What Factors Are Considered for Alimony in South Carolina?

South Carolina courts weigh statutory factors when deciding whether to award spousal support, how much to award, and for how long. These same factors come back into play whenever either party requests a change to the original order:

• Duration of the marriage and the ages of both spouses
• Physical and emotional health of each party
• Educational background and earning potential
• Current and anticipated employment of both spouses
• Standard of living established during the marriage
• Each spouse’s financial needs and obligations
• Marital and nonmarital property awarded in the divorce
• Custody arrangements and child-rearing responsibilities
• Marital misconduct or fault, including adultery
• Tax consequences of alimony for both parties
• Any other factors the court considers relevant to fairness

When Can You Modify Spousal Support in South Carolina?

If your financial circumstances have shifted significantly since the court issued your alimony order, you may have grounds to request a spousal support modification. South Carolina law allows either party to petition the family court for a decrease, increase, or termination of periodic alimony based on a demonstrated change in circumstances:

• Job loss or substantial reduction in income
• Serious illness or disability affecting earning capacity
• Retirement from full-time employment
• The supported spouse is gaining financial independence
• Cohabitation by the receiving spouse
• A significant increase in the paying spouse’s income
• Changes in the cost of living or financial obligations

Contact Our South Carolina Spousal Support Attorneys Today

Are you unsure whether a recent change in your life qualifies you to end or adjust your alimony payments? Don’t continue paying more than you are entitled to, or receiving less than you are owed. Our firm has helped families throughout Mount Pleasant, Charleston, and the surrounding Lowcountry communities resolve challenging alimony and other family law disputes for over 25 years, and we are ready to do the same for you. 

Attorney Beverly K. Ballinger will clarify how the law applies to your situation, determine whether you have grounds to seek a modification or termination, and guide you through every step of the family court process. Call Ballinger Law Firm today at (843) 412-9507 or contact us online to arrange a consultation. 

Contact the experienced lawyers at Ballinger Law Firm today & schedule your free consultation. We proudly serve Mt Pleasant & all throughout South Carolina. Visit our law office at:

Ballinger Law Firm – Mt Pleasant

858 W Lowcountry Blvd,
Mt Pleasant, SC 29464, United States

Phone: (843) 412 9507