State Legislators Looking at Limiting Eligibility for Permanent Periodic Alimony

For many years, there has been sentiment among some South Carolina residents that the state’s alimony system reflects outdated presumptions regarding the relative earning ability of men and women. A frequent target is the imposition of permanent periodic alimony, which requires a former husband or wife to make payments to their ex until one of them dies or the recipient marries, or cohabits with, a new romantic partner. 

Given changes that have occurred over the decades, even divorcing spouses who have spent several years taking care of the household and children might have extensive career skills and experience to fall back on. Responding to this cultural shift, a bill has been introduced in the South Carolina General Assembly that would limit periodic alimony awards to divorcing spouses whose marriage lasted 15 years or longer. 

Supporters of this legislation believe that this revision recognizes that fact that most people whose marriages are too short to qualify should be able to rejoin the workforce and support themselves financially. Someone whose divorce comes after only a few years is also likely to be younger and able to increase their earning ability through education or job training. The proposed law would give many paying ex-spouses the ability to avoid what might be a lifelong financial commitment to their former partner. 

In many cases, rehabilitative spousal support could be a suitable alternative to permanent periodic payments. An award of rehabilitative alimony is designed to give a party who relied on the income of their husband or wife the payments they need to maintain their standard of living until they can do so on their own. These decisions are made by judges who examine a variety of relevant factors, including the length of the marriage, the earning capability of the proposed recipient and the financial resources of the proposed paying ex-spouse.

The age and health of the parties are also considered during alimony determinations. Someone with a disability that prevents them from working outside the home might be a worthy recipient of permanent spousal support even if they were not wed for a long time. 

As legislators attempt to reach the right balance between the interests of South Carolinians who pay and receive alimony, hiring an experienced family law attorney is the best way to understand the current state of the law and how it applies to you. 

McManaway Law, LLC represents Upstate South Carolina clients in alimony negotiations and other aspects of the divorce process. Please call 864-428-8912 or contact me online to discuss your situation and legal options. My office is in Greenville.