South Carolina Alimony Estimator
Estimated Results
Estimated Monthly Alimony:
Estimated Duration:
Note: This is a guideline estimate. South Carolina judges have broad discretion based on 13 specific factors.
Understanding South Carolina Alimony Laws
In South Carolina, alimony (also known as spousal support) is not calculated using a rigid statutory formula like child support. Instead, family court judges utilize SC Code Section 20-3-130 to determine whether alimony is appropriate and, if so, the amount and duration. This calculator provides a common "rule of thumb" estimate used by legal professionals during negotiations, typically based on a percentage of the income gap between spouses.
Types of Alimony in South Carolina
Before calculating a dollar amount, it is vital to understand the four primary types of support recognized in South Carolina courts:
- Permanent Periodic Alimony: The most common type, intended to maintain the lifestyle of the supported spouse as it existed during the marriage. It terminates upon the death of either party or the remarriage/cohabitation of the recipient.
- Rehabilitative Alimony: A finite sum paid over a specific period, designed to help the recipient become self-supporting through education or training.
- Reimbursement Alimony: Intended to repay a spouse who supported the other through professional education (e.g., medical or law school) before the marriage dissolved.
- Lump Sum Alimony: A one-time payment or a finite total amount paid in installments, which cannot be modified later.
How the Calculator Works
Because South Carolina is an "equitable distribution" state, judges look at the "big picture." This calculator uses a common benchmarking methodology:
- Income Gap: It calculates the difference between the higher earner's (payor) gross monthly income and the lower earner's (payee) gross monthly income.
- The 20-30% Guideline: It estimates a monthly payment equal to roughly 20-25% of the payor's income, adjusted for the payee's ability to support themselves.
- Duration Formula: While there is no law, many SC courts consider alimony duration to be roughly 30% to 50% of the length of the marriage for marriages of moderate duration.
Factors Judges Consider (SC Code ยง 20-3-130)
South Carolina law mandates that judges consider 13 specific factors when determining alimony:
- The duration of the marriage and the ages of the parties.
- The physical and emotional condition of each spouse.
- Educational background and the need for additional training.
- Employment history and earning potential.
- The standard of living established during the marriage.
- Anticipated earnings and expenses of both spouses.
- Marital misconduct or "fault" (such as adultery, which can bar a spouse from receiving alimony).
Example Calculation
Imagine a couple married for 20 years. Spouse A earns $8,000 per month, and Spouse B earns $2,000 per month. The income difference is $6,000. A court might determine that Spouse B needs $1,800 to $2,000 per month to maintain a standard of living similar to the marital lifestyle, provided Spouse A has the ability to pay after meeting their own reasonable expenses.
Frequently Asked Questions
Does adultery affect alimony in South Carolina?
Yes. South Carolina is one of the few states where adultery is a "complete bar" to receiving alimony. If the spouse seeking support committed adultery before the formal signing of a settlement agreement or the entry of a permanent order, they are generally prohibited from receiving any form of alimony.
Can alimony be modified?
Unless the parties agree otherwise in writing, Permanent Periodic Alimony is modifiable based on a "substantial change in circumstances." This could include retirement, a significant loss of income, or the recipient spouse's cohabitation for more than 90 days.
Is alimony taxable?
For all divorce agreements finalized after December 31, 2018, alimony is no longer tax-deductible for the payor and is not considered taxable income for the recipient under federal tax law.