Ninth time’s the charm

January 29, 2020

On January 16, 2020 the South Carolina Supreme Court denied certiorari in Moore v. Moore, 427 S.C. 26, 828 S.E.2d 224 (Ct. App. 2019). After

A published appellate opinion that might finally terminate alimony based upon continued cohabitation–finally

April 8, 2019

When, in 1990, South Carolina enacted its current alimony statute, S.C. Code § 20-3-130, it provided three grounds to automatically terminate permanent periodic alimony: 1)

It is likely practicably impossible to terminate alimony due to “continued cohabitation” in South Carolina

August 26, 2015

In January 2013, noting that none of the seven published South Carolina appellate opinions dealing with the issue of “continued cohabitation” had found it existed

South Carolina appellate courts finally approve an alimony termination based on continued cohabitation

August 14, 2013

As noted in a blog earlier this year, I have despaired that our South Carolina appellate courts would ever find the requisite “ninety or more

South Carolina appellate courts continue to interpret cohabitation to terminate alimony narrowly in favor of supported spouses; failing to challenge fee affidavit fatal to claim that fee award of $126,797.30 was excessive

March 16, 2011

The March 16, 2011 Court of Appeals opinion in Biggins v. Burdette, 392 S.C. 241, 708 S.E.2d 237 (Ct.App. 2011), continues the trend of the South Carolina

Should having sex, or even spending nights, with one’s spouse prevent a one-year’s continuous separation divorce?

September 16, 2010

South Carolina law allows spouses to obtain a divorce when they “have lived separate and apart without cohabitation for a period of one year.” S.C.

Supreme Court holds that waiver of adultery’s bar to alimony does not violate public policy

August 31, 2009

The South Carolina Supreme Court decision in Eason v. Eason, 384 S.C. 473, 682 S.E.2d 804 (2009) corrects an obvious injustice, holding that a written agreement between

Yet another reason for supporting spouses to offer lump sum alimony

June 16, 2009

Permanent periodic alimony is one debt that may never end until the payor dies.  Today’s Court of Appeal’s decision in Fiddie v. Fiddie, 384 S.C. 120, 681