South Carolina law allows for the modification of alimony payments in many cases, particularly if either person’s financial situation changes. This means that a divorce decree is not always the final word on what you pay or receive.
Understanding how the rules of alimony payments work is the first step to protecting your financial future in South Carolina.
Can Alimony Be Modified After Divorce? Understanding the Basics
To change an alimony order, you must file a motion with the family court. Under S.C. Code § 20-3-170, the court will review the circumstances to modify alimony, focusing on whether a material change in circumstances has occurred since the original divorce decree.
South Carolina recognizes several types of alimony:
- Periodic,
- Lump-sum,
- Rehabilitative,
- Restitution.
Of these, periodic alimony is the most common type that can be modified. Lump-sum alimony generally cannot be changed once the court issues the order because it is considered a final, fixed amount.
To request a modification, you must file a petition with the family court in the county where the original divorce was granted. The court will then schedule a hearing where both parties can present evidence. The burden of proof falls on the person requesting the change.
Can Alimony Be Increased After Divorce? When Higher Payments Are Possible
A court may order higher alimony payments when:
- The recipient’s needs have grown significantly, e.g., due to a serious medical condition or disability, or the loss of health insurance that creates new financial burdens.
- The paying spouse’s income has increased substantially. For example, if the paying party received a large raise, promotion, or inheritance.
- The cost of living has risen sharply. A dramatic increase in housing, medical, or other essential costs in the recipient’s area could support a case for higher alimony.
To secure an increase, you must show that the original alimony amount no longer meets a legitimate need that existed at the time of the divorce.
What Does Not Qualify for Alimony Modification?
Not every life change justifies a modification. Courts have denied requests based on:
- Voluntary Debt: If you buy an expensive new car or a bigger house, the court will not lower your alimony. Your legal obligation to your ex-spouse comes before your choice to take on new debt.
- Minor Inflation: General increases in the cost of living are usually expected. Unless the inflation is extreme and affects your ability to survive, it is not a “material change.”
- Remarriage of the Payer: If the person paying alimony gets remarried, their new spouse’s income generally does not change the alimony math. Likewise, having more children with a new partner does not automatically lower the support owed to a former spouse.
When Can Alimony Be Reduced or Terminated?
If the person paying the money loses their job through no fault of their own, they can ask for a reduction. If you quit your job to avoid paying, the court will likely deny your request and may even punish you for “voluntary underemployment.”
Retirement is another big factor. Under state law, reaching the full age for Social Security benefits is often considered a valid reason to revisit alimony. The court will check whether the retirement is in “good faith” or an attempt to dodge the legal obligation.
Support can also end completely. Under South Carolina Code Section 20-3-150, alimony ends if the recipient remarries. It also ends if the person receiving support lives with a romantic partner for 90 days or more. This is known as “continued cohabitation.” If you can prove your ex-spouse is living with a boyfriend or girlfriend in a relationship like a marriage, you may be able to stop payments entirely.
Common Mistakes to Avoid When Requesting Alimony Changes
Filing for an alimony modification without proper preparation can hurt your case. Avoid these common errors:
1. Stopping Payments Without a Court Order
Even if your circumstances have changed drastically, you must continue making payments until a court officially modifies the order. Failing to pay can result in contempt of court charges.
2. Waiting Too Long to File
If your circumstances change, act quickly. Delays can weaken your argument and result in months of overpayment or underpayment that the court may not adjust retroactively.
3. Failing to Document Financial Changes
Bring pay stubs, tax returns, medical records, layoff notices, and any other evidence that supports your claim. Vague statements about financial hardship are not persuasive.
4. Hiding Income or Assets
Courts take financial dishonesty seriously. If you are caught concealing income during a modification hearing, you could face penalties and lose credibility with the judge.
How a Camden Family Lawyer Can Help
At Savage, Royall & Sheheen, LLP, we look at the specific details of your divorce decree, gather the right evidence, and file the correct motions in the right court. We also help by:
- Finding Hidden Income: If your ex-spouse is hiding a raise or a new job, we use legal tools to uncover the truth.
- Proving Cohabitation: We help find proof that an ex-spouse is living with a new partner, which can end alimony.
- Calculating Fair Payments: We use state guidelines to determine the exact amount of the new alimony.
- Court Representation: We speak on your behalf before the judge to explain why the modification is necessary and fair.
Contact Our Camden Family Lawyer
If your financial situation has changed, do not wait for the bills to pile up. Contact Savage, Royall & Sheheen, LLP today to discuss your case. We can review your original divorce decree and help you decide if filing for a modification is the right move for you.
Call our office at 803-432-4391 to schedule a free consultation. We are ready to help you find a fair solution to your alimony concerns.