South Carolina 2025-2026 Regular Session

South Carolina House Bill H3098

Introduced
1/14/25  

Caption

Alimony

Impact

The revisions outlined in H3098 may have significant implications on how courts handle alimony cases. By shifting from periodic payments to a focus on marriage duration, the bill seeks to provide a more predictable means of support, possibly providing financial relief to spouses who might otherwise be economically disadvantaged post-divorce. However, the amendment to the rules around adultery and cohabitation could also limit the circumstances under which one might receive financial support, which raises concerns about fairness and dependency for some spouses.

Summary

House Bill 3098 aims to amend existing alimony provisions under South Carolina law by eliminating periodic alimony and introducing a calculation method based on the length of marriage among other factors. The proposed amendments target Sections 20-3-120, 20-3-130, 20-3-140, 20-3-150, 20-3-620, and 20-3-630 of the South Carolina Code, with the intention of restructuring how alimony is awarded in both divorce and separate maintenance cases. Supporters of the bill argue that the changes will create a clearer framework for alimony, making the process more straightforward and equitable for all parties involved.

Contention

Despite the potential benefits, the bill has faced opposition from various advocacy groups and individuals who argue that the elimination of periodic alimony disproportionately affects lower-income spouses, primarily women, who rely on such support during the transition following a divorce. Critics assert that the bill's focus on terminating support based on the length of marriage fails to consider the complexities of individual circumstances and the potential for economic disparities that could arise from such a one-size-fits-all approach. This has sparked a heated debate regarding the rights of dependent spouses and the need for more tailored solutions in alimony legislation.

Companion Bills

No companion bills found.

Similar Bills

MN SF2759

Family Law policy bill

MN HF3204

Parenting time and spousal maintenance provisions modified, antenuptial and postnuptial agreements governing provisions modified and updated, assisted reproduction rights and responsibilities established, and revisor of statutes directed to update terms used in statute.

AZ SB1383

Dissolution of marriage; annulment

LA HB625

Limits certain actions taken by governmental entities on private property owners

PA SB870

Providing for medical debt collection protection; and imposing duties on the Department of Health.

PA SB371

Providing for medical debt collection protection; and imposing duties on the Attorney General and the Department of Health.

NJ S1424

Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.

GA HB1185

Revenue and taxation; statewide homestead exemption from ad valorem taxes when current year assessed value exceeds the inflation rate; provide