H 3098

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:
    Section
20-3-140.  In all actions for separate support and maintenance, legal
separation, or other marital litigation between the parties, allowances of
alimony and suit money and allowances of alimony and suit money pendente liteduring the pendency of
the action shall be made according to the principles controlling such
allowance and actions for divorce a vinculo matrimonii.
C. Section 20-3-150
of the S.C. Code is amended to read:
    Section
20-3-150.  If the court awards the custody of the
children to the spouse receiving alimony the court, by its decree, unless good
cause to the contrary be shown, shall allocate any final
award for permanent alimony and support between the
supported spouse and the children and upon the remarriage or continued
cohabitation of the supported spouse the amount fixed in the decree for his or
her support shall cease, and no further alimony payments may be required from
the supporting spouse.
    For purposes of this
section and unless otherwise agreed to in writing by the parties, "continued
cohabitation" means the supported spouse resides with another person in a
romantic relationship for a period of ninety or more consecutive days. The
court may determine that a continued cohabitation exists if there is evidence
that the supported spouse resides with another person in a romantic
relationship for periods of less than ninety days and the two periodically
separate in order to circumvent the ninety-day requirement.
D.     Section 20-3-620(B)(2) of the S.C. Code is amended to
read:
    (2) marital misconduct or fault of
either or both parties, whether or not used as a basis for a divorce as such,
if the misconduct affects or has affected the economic circumstances of the
parties, or contributed to the breakup of the marriage; provided, that no
evidence of personal conduct which would otherwise be relevant and material for
purposes of this subsection shall be considered with regard to this subsection
if such conduct shall have taken place subsequent to the happening of the
earliest of:
  (a)
entry of a pendente lite orderan
order for temporary relief in a divorce or separate maintenance action;
  (b)
formal signing of a written property or marital settlement agreement; or
  (c)
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;
E. Section 20-3-630(A)(2) of the S.C. Code is amended to
read:
    (2) property acquired by either party
before the marriage and property acquired after the happening of the earliest
of:
  (a)
entry of a pendente lite orderan
order for temporary relief in a divorce or separate maintenance action;
  (b)
formal signing of a written property or marital settlement agreement; or
  (c)
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;
SECTION 3.  This act takes effect upon approval
by the Governor and applies to any order issued prior to the effective date.
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This web page was last updated on December 06, 2024 at 10:04 AM