In 2012 South Carolina amended the alimony modification statute, S.C. Code § 20-3-170(B), to include specific factors for the family court to consider on whether to modify or terminate alimony when a supporting spouse retires. Those factors are:

(1) whether retirement was contemplated when alimony was awarded;
(2) the age of the supporting spouse;
(3) the health of the supporting spouse;
(4) whether the retirement is mandatory or voluntary;
(5) whether retirement would result in a decrease in the supporting spouse’s income; and
(6) any other factors the court sees fit.

This code section, and the case of Smith v. Smith, 359 S.C. 393, 597 S.E.2d 188 (Ct.App.2004), authorize a request to modify or terminate alimony based upon retirement to be brought on a motion in the original case, although Smith suggests “filing a new action for a modification may be preferable.” Certainly when the supporting spouse wishes to develop evidence to support the modification claim, or when factual disputes are likely, a new action is advisable. If the supporting spouse wishes to modify or terminate alimony prior to trial, a motion for temporary relief can always accompany the new action.

As of April 17, 2015, no reported South Carolina cases interpret S.C. Code § 20-3-170(B).

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Recent Blog Posts

You don’t have to prove you’re not a purple unicorn

When I recommend individual counseling for my family law clients going through difficult transitions, it’s because I have personal experience as to how

[ + ] Read More

Court of Appeals reverses grant of visitation to grandparents

The February 12, 2025, Court of Appeals opinion in Dendy v. Gamble reversed a family court’s award of visitation to Grandparents. This opinion

[ + ] Read More

Pleadings and motions say why you want at a motion hearing but you need affidavits to say why you’re entitled to it

I encounter litigants, and sometimes even attorneys, who rest on their pleadings and motions (including returns to motions) to support their requests for

[ + ] Read More