[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/south-carolina-alimony-guide\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/south-carolina-alimony-guide\/","headline":"South Carolina Alimony Guide","name":"South Carolina Alimony Guide","description":"When a couple divorces, each spouse\u2019s needs and respective abilities to meet those needs can differ dramatically. If one spouse earns a substantially higher income than the other, the court might order them to make alimony payments to help the other spouse cover expenses and maintain their usual...","datePublished":"2021-08-16","dateModified":"2026-05-27","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/#Person","name":"Ed Anderson","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/alimony-concept.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/alimony-concept.jpeg","height":174,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/south-carolina-alimony-guide\/","about":["Divorce"],"wordCount":1012,"articleBody":"When a couple divorces, each spouse\u2019s needs and respective abilities to meet those needs can differ dramatically. If one spouse earns a substantially higher income than the other, the court might order them to make alimony payments to help the other spouse cover expenses and maintain their usual standard of living.In this South Carolina alimony guide, the\u00a0family attorneys\u00a0of\u00a0McKinney, Tucker & Lemel LLC\u00a0discuss the nuances of alimony in South Carolina and how an alimony order could affect your divorce case. Continue reading or contact us for an initial consultation to learn more.What Is Alimony?In a South Carolina divorce, alimony is financial support paid by one spouse to assist the other. These payments may be temporary or permanent, depending on the situation.Courts, rather than the formerly married spouses, typically calculate and order alimony payments. Individual judges tend to have significant leeway in determining how much alimony is fair for a given case.Alimony is not awarded automatically in every South Carolina divorce.\u00a0Judges are more likely to award alimony in divorces involving spouses with unequal earning potential and a long marital history. Divorces of long-married spouses with wildly uneven earning capacities tend to result in larger alimony payments over a longer period.How Is Alimony Granted?When a judge decides to award alimony in a South Carolina divorce, they may order the higher-earning spouse to make a lump-sum payment, a transfer of property, or a series of periodic monthly payments.Periodic alimony awards, typically consisting of monthly payments made by one spouse to the other, are especially common. Courts often schedule these periodic awards to terminate on a certain date or when specific criteria are met. The amount of periodic alimony awarded may also be modified when individual circumstances change.Lump-sum and property-transfer alimony awards, on the other hand, typically can\u2019t be modified once completed. When one spouse surrenders property or makes a large, lump-sum payment to the other, it\u2019s usually impossible to change or reverse it.What Is Considered When Calculating Alimony?When South Carolina judges determine whether alimony is appropriate, how much should be paid, and how long payments should continue, they consider the following factors:How long the marriage lastedMarital misconduct of either spouseEach spouse\u2019s age at the time of marriageEach spouse\u2019s age when they file for divorceEach spouse\u2019s physical, emotional, and mental conditionEach spouse\u2019s ability to support themselves independentlyEach spouse\u2019s educational history, employment history, and earning potentialThe standard of living each spouse enjoyed during the marriageThe expected needs and living expenses of each spouseAny marital or nonmarital property awarded to either spouseEach parent\u2019s custodial obligations to dependent childrenThe tax consequences of alimony payments for each spouseHow Long Must Alimony Be Paid?The length of time alimony must be paid by one spouse to the other depends on the type of alimony award the court orders. Examples include:Alimony pendente lite \u2013\u00a0Pendente lite\u00a0or \u201cpending litigation\u201d alimony is a temporary type of alimony awarded during divorce proceedings. This type of alimony ends when the divorce is finalized.Periodic alimony \u2013\u00a0Periodic alimony\u00a0is typically paid monthly and is often designed to last only until the supported spouse becomes financially independent.Lump-sum alimony \u2013\u00a0Lump-sum\u00a0payments are usually made either all at once or in installments over a relatively short period.Rehabilitative alimony \u2013\u00a0Rehabilitative alimony\u00a0is designed to support the dependent spouse until they acquire the education or training necessary to find gainful employment.Reimbursement alimony \u2013\u00a0Reimbursement alimony\u00a0is meant to repay one spouse for the time, money, or effort they spent to allow the other spouse to pursue a career or education. This could be a one-time payment or a series of installments over time.What Happens If Alimony Isn\u2019t Paid?Spouses who refuse or fail to make court-ordered alimony payments in South Carolina are considered \u201cin default\u201d and may face severe legal and financial consequences.\u00a0When a judge learns a spouse has ignored an alimony order, they can enter a judgment that establishes how much the spouse owes and authorizes the court to collect payment by:Withholding money directly from the spouse\u2019s paycheckPlacing a lien on the spouse\u2019s property or financial accountsSuspending the spouse\u2019s driver\u2019s licenseReporting the spouse\u2019s default to credit agenciesJudges may also hold non-compliant spouses in contempt of court for willful violation of a court order.\u00a0Contempt-of-court charges can result in hefty fines and even imprisonment.How Are Alimony Payments Taxed?In the past, spouses paying alimony could deduct alimony payments from their taxes, and supported spouses had to include alimony as part of their taxable income. However, as of December 31, 2018, new tax rules changed tax implications for spouses on both sides of an alimony agreement.For any divorce executed after December 31, 2018, alimony payments are no longer considered tax-deductible for the payer and no longer need to be included in the receiving spouse\u2019s taxable income. Because of these changes, courts now consider tax implications when determining alimony awards.Can Alimony Be Changed?Most family courts in South Carolina allow alimony awards to be modified when either spouse has a significant change of circumstances, such as:Involuntary job loss or income reductionDiagnosis of an injury, illness, or other condition that limits working abilityA loss of any assets or significant increase in debtRetirement or business failureThe supported spouse\u2019s new marriage or cohabitationThe supported spouse\u2019s new gainful employment or income increaseThe supported spouse\u2019s inheritance of money or assetsGet Help from a South Carolina Divorce Lawyer NowIf you need help protecting your rights in a South Carolina divorce case or understanding how alimony in South Carolina works, look no further than the\u00a0divorce attorneys\u00a0of\u00a0McKinney, Tucker & Lemel LLC. We can explain your options and develop a tailored plan that meets your unique needs.Contact us today to learn more in an initial case review.Visit Our South Carolina Divorce Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"South Carolina Alimony Guide","item":"https:\/\/www.mtllawfirm.com\/blog\/south-carolina-alimony-guide\/#breadcrumbitem"}]}]