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).
On May 13, 2026, the South Carolina Court of Appeals, in the case of Major v. Major, held that the magistrate courts have
In 2024, the South Carolina Court of Appeals, in the case of In the Matter of Shawn T. Daily, 443 S.C. 557, 905
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