South Carolina · Alimony · Updated Oct 2026

Alimony in South Carolina

Alimony (spousal support) in South Carolina, from the state's own law: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

The short answer

The court may award alimony in amounts and for terms it considers just: periodic, lump-sum, rehabilitative, reimbursement and other forms.

Property division
Equitable distribution
Law
S.C. Code Ann. 20-3-130.

Alimony rules in South Carolina

  • The court may award alimony in amounts and for terms it considers just: periodic, lump-sum, rehabilitative, reimbursement and other forms.
  • No alimony may be awarded to a spouse who committed adultery before a written settlement or a permanent support order.
  • No formula.

Law: S.C. Code Ann. 20-3-130.

Good to know

Adultery before a written settlement bars alimony for the spouse who committed it. (S.C. Code 20-3-130)

Alimony and property in South Carolina

Spousal support is a separate question from dividing property and debts.

System
Equitable distribution
The rule
If either spouse asks, the court makes an equitable apportionment of marital property, weighing factors including length of marriage, ages, marital misconduct, contributions, income and earning potential, and custody of children.

How to ask for alimony in South Carolina

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (South Carolina courts)

  2. Pay the fee or ask for a waiver

    $150 to file a divorce action (SC Judicial Branch, Family Court Filing Fees). Can't afford it? Motion and Affidavit to Proceed In Forma Pauperis (form SCCA 405), included in the simple divorce packet.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in South Carolina

How does alimony work in South Carolina?

The court may award alimony in amounts and for terms it considers just: periodic, lump-sum, rehabilitative, reimbursement and other forms. No alimony may be awarded to a spouse who committed adultery before a written settlement or a permanent support order. No formula.

Is South Carolina a community property state?

No. South Carolina uses equitable distribution. If either spouse asks, the court makes an equitable apportionment of marital property, weighing factors including length of marriage, ages, marital misconduct, contributions, income and earning potential, and custody of children.

More about divorce in South Carolina

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.