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H 3605

Alimony

2025-2026 Regular Session Introduced by Gil Gatch

The bill would define earning potential for self-employed spouses as twice the state minimum wage, potentially reducing alimony awards by standardizing income evaluation.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3605

Bill Summary — H 3605

Note: The bill file provided appears to include two different, unrelated draft texts concatenated together (a South Carolina alimony amendment and a Massachusetts vanity‑plate fee change). Below is a clear, factual summary of each component, followed by procedural information and key implications. Confirm with the bill sponsor or clerk which text is the official H 3605 before relying on this for legal or policy work.

A. South Carolina — Alimony (primary title: “Alimony”)

Status: Referred to Committee on Judiciary (introduced Feb 27, 2025). Sponsor listed as Gatch (primary).

Purpose / Intent

To amend Section 20-3-130(C)(4) of the South Carolina Code to define how a spouse’s “earning potential” is measured when courts consider employment history and earning potential in alimony (spousal support) determinations.

Key provisions

  • Amends SC Code § 20-3-130(C)(4) (a factor judges consider in alimony cases) to include the following definition:
    • For a salaried spouse: “earning potential” = the spouse’s salary.
    • For a self‑employed spouse: “earning potential” = twice the minimum wage.
  • Effective date: upon approval by the Governor.

Who/what would be affected

  • Self‑employed spouses involved in divorce proceedings in South Carolina (their earning potential would be legally defined as twice the state minimum wage for purposes of this statutory factor).
  • Courts and judges in family/divorce cases (restriction in how they may treat the “earning potential” factor).
  • Attorneys and parties in alimony litigation; potential impact on negotiated settlements and litigation strategies.

Potential impacts and considerations

  • The definition would standardize (and cap) the earning‑potential measure for self‑employed spouses regardless of actual earnings or business profitability, which could materially reduce the consideration of higher self‑employment income when awarding alimony.
  • Could advantage self‑employed payors who have higher actual earnings, and disadvantage recipients who would otherwise rely on demonstrated self‑employment income.
  • May raise legal questions about whether a statutory definition unduly restricts judicial discretion to consider the realities of self‑employment income; could increase litigation over characterization of income (salaried vs. self‑employed) and possible constitutional challenges.
  • The dollar effect depends on the applicable minimum wage at the time of calculation; the statute ties the metric to the prevailing minimum wage.

B. Massachusetts — Vanity Plate Fees (separate inserted text)

(Inserted earlier in the file; appears to be a different bill authored by Rep. James Arciero et al.)

Purpose / Intent

To limit special registration fees for personalized (“vanity”) license plates so that only one special (initial) vanity plate fee is charged; renewal fees would be the same as those for standard (non‑vanity) plates.

Key provisions

  • Registry of Motor Vehicles (RMV) may charge only a single special fee for a vanity plate registration (presumably on initial issuance).
  • All subsequent registration renewal fees for that plate must be the same amount charged for standard, non‑vanity plates in Massachusetts.
  • Effective date: January 1 following enactment.

Who/what would be affected

  • Vehicle owners who purchase vanity plates in Massachusetts (lower recurring cost after initial purchase).
  • Massachusetts RMV revenue streams (may reduce ongoing fee revenue associated with vanity plates).

Procedural / Timeline Notes

  • South Carolina text: Effective upon the Governor’s approval.
  • Massachusetts vanity plate text: Takes effect January 1 following enactment.
  • Legislative actions in the file are inconsistent (dates show prefiled Dec 12, 2024; introduced/read Jan–Feb 2025; hearings listed for Oct 7, 2025). The record shows referrals to both Transportation and Judiciary committees, and a Senate concurrence entry — verify the correct chamber and committee assignments for the active text.

Recommendation / Clarification Needed

  • Confirm which jurisdiction and text constitute the official H 3605 (the file currently mixes an SC alimony amendment and an MA vanity‑plate bill authored by different legislators).
  • If the alimony text is intended, stakeholders should evaluate how the statutory cap on self‑employed “earning potential” interacts with evidence rules and the broader alimony statute, and consider amendments if the goal is to provide a neutral, evidence‑based standard rather than a statutory floor/cap.
  • If analyzing fiscal impacts, obtain current minimum wage data for the relevant state and model common divorce scenarios to estimate effects on alimony awards.

Compiled from official sources — confirm details with the bill’s official record.

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