South Carolina Alimony Factors and the Adultery Bar
South Carolina courts weigh thirteen factors for alimony, including marital fault that affected the finances, and bar alimony to a spouse who commits adultery before a signed agreement or a permanent order.
The thirteen factors
In making an award, the court must consider and give weight in such proportion as it finds appropriate to all of the following (S.C. Code 20-3-130(C)):
| Factor | |
|---|---|
| (1) | The duration of the marriage and the ages of the parties at the marriage and at the divorce or action |
| (2) | The physical and emotional condition of each spouse |
| (3) | The educational background of each spouse and the need for additional training or education |
| (4) | The employment history and earning potential of each spouse |
| (5) | The standard of living established during the marriage |
| (6) | The current and reasonably anticipated earnings of both spouses |
| (7) | The current and reasonably anticipated expenses and needs of both spouses |
| (8) | The marital and nonmarital properties of the parties, including those apportioned in the action |
| (9) | Custody of the children, where the custodian should not be required to seek outside employment or only on a limited basis |
| (10) | Marital misconduct or fault that affects or has affected the economic circumstances or contributed to the breakup, with limits on conduct after the signing of an agreement or entry of a permanent order |
| (11) | The tax consequences of the particular form of support |
| (12) | Any support obligation from a prior marriage or for any other reason |
| (13) | Other factors the court considers relevant |
The adultery bar
“No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties” (subsection A). Adultery after that date does not bar alimony.
Other misconduct
Other marital misconduct or fault is a factor only if it affected the economic circumstances of the parties or contributed to the breakup of the marriage.
Security and payment
The court may require security, such as money, property or bonds, and may require life insurance to assure support beyond the payor’s death, and can order payment through the family court or directly.
Tax effect
The court may elect and determine the intended tax effect of the alimony under the Internal Revenue Code and state law.
Questions to bring to an attorney
Ask how the dates of any agreement or order affect the adultery bar and how fault would be weighed.
Next steps
See cohabitation, remarriage and modification and test a ceiling in the South Carolina alimony calculator.
Frequently asked questions
How many factors does South Carolina use for alimony?
Thirteen, in S.C. Code 20-3-130(C).
Does South Carolina consider fault for alimony?
Yes, if it affected the economic circumstances or contributed to the breakup; adultery by the supported spouse before an agreement or permanent order bars alimony.
Does adultery after a South Carolina settlement agreement bar alimony?
No. The bar applies to adultery before the earliest of the signed agreement or the permanent order.
Does South Carolina consider property for alimony?
Yes. The marital and nonmarital properties, including those apportioned in the action, are a factor.
Does custody affect South Carolina alimony?
Yes, particularly where the custodian should not be required to seek outside employment.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited South Carolina statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Carolina attorney.