What Types of Alimony Are There?

In South Carolina, there are four types of alimony: permanent periodic, rehabilitative, lump sum, and reimbursement alimony. All types of alimony contemplated by statute are modifiable and terminable. The family court may impose whatever “terms and conditions” on an alimony award “as the court may consider just, as appropriate under the circumstances.” S.C. Code Ann. § 20-3-170 (Supp. 2007).

The most commonly awarded of the four is permanent periodic alimony. Generally, someone will pay permanent alimony until he/she dies, there is a substantial change of circumstances, or the supported spouse remarries or lives continuously with someone as though they are married. Permanent alimony is usually paid on a monthly basis.

Rehabilitative alimony is ordered to encourage a dependent spouse to become self-supporting after divorce. It is also designed to help a former spouse to develop his own life free from obligations to the dependent spouse. It is only awarded in special circumstances.

Lump-sum alimony is usually a set amount of money paid in one installment, or periodically over a period of time. Lump-sum terminates only upon the death of the supported spouse. It is not terminable or modifiable based upon remarriage or changed circumstances in the future.

Reimbursement alimony is usually a set amount of money which is paid in one installment or periodically. It is not terminable or modifiable based upon changed circumstances in the future. Most attorneys are not aware of reimbursement alimony. If asked about the types of alimony, usually only the best domestic attorneys will mention reimbursement alimony.

All types of alimony contemplated by statute are modifiable and terminable. S.C. Code Ann. § 20-3-130 (Supp. 2007) Furthermore, the family court may impose whatever “terms and conditions” on an alimony award “as the court may consider just, as appropriate under the circumstances.” S.C. Code Ann. § 20-3-170 (Supp. 2007).