The bill H. 3081 seeks to amend Section 20-3-130 of the South Carolina Code of Laws, which pertains to the award of alimony. The proposed changes establish specific limitations on alimony awards, stipulating that alimony can only be granted to the party with the lesser income. Additionally, the amount of alimony awarded, whether temporary or permanent, cannot exceed the difference between the higher wage earner's and the lower wage earner's annual wages multiplied by seventeen percent. Furthermore, the duration of alimony payments is capped at the number of months the parties were married.
The bill also includes a provision allowing the court to deviate from these limitations if it finds, based on clear and convincing evidence, that adhering to the formula would be inequitable. This could result in an upward modification of the alimony amount or duration, and potentially allow for an award to the higher-earning spouse. The act will take effect upon approval by the Governor.
Statutes affected: 12/05/2024: 20-3-130
Latest Version: 20-3-130