Alimony

2025-2026 Regular Session Introduced by Gil Gatch

For marriages of ten years or less, courts must base alimony on earnings without counting opportunities missed to be a spouse or parent.

Referred to Committee on Judiciary

Purpose

H 3104 would amend South Carolina’s alimony statute to limit how courts calculate “reasonably anticipated earnings” for marriages of a specified, shorter duration. The change is intended to restrict consideration of lost career opportunities tied to spousal or parental roles when the marriage lasted ten years or less.

Key provision

Amends S.C. Code § 20‑3‑130(C)(6) (one of the statutory factors courts must consider when awarding alimony).

Current statutory language requires courts to consider “the current and reasonably anticipated earnings of both spouses.”

The bill adds a proviso: for marriages lasting ten years or less, “reasonably anticipated earnings” must be based on what each spouse could have earned without taking into consideration opportunities missed to be a spouse or parent.

Who is affected

Parties in divorce proceedings in South Carolina, especially spouses seeking or defending alimony in marriages of ten years or less.

Family court judges and other decision‑makers who apply § 20‑3‑130’s statutory factors when setting alimony.

Family law attorneys and expert witnesses who present evidence on earning capacity, work history, and caregiving-related career interruptions.

Practical effect and implications

For marriages ≤10 years, courts would no longer factor in reduced earning projections that arise from career interruptions specifically caused by choosing to be a spouse or parent. In practice, that may:

Reduce alimony awards (or duration) in cases where a claimant’s expected earnings were lowered by caregiving or spousal-role decisions during a short marriage.
Shift alimony analyses toward objectively measurable earnings potential absent caregiving-related lost opportunities.
Potentially disadvantage spouses (often women) who left or curtailed careers for family responsibilities even in marriages up to ten years.

For marriages longer than ten years, the current broader consideration of anticipated earnings (including effects of parenting/spousal roles) remains unchanged.

Procedural status & timeline (as provided)

Prefiled: 2024‑12‑05

Introduced/read first time: 2025‑01‑14; referred to Committee on Judiciary (also entry showing referral 2025‑02‑27 to Committee on Revenue — see note below)

Official introduction date listed: 2025‑02‑27

Hearing scheduled: 05/13/2025, 10:30 AM–1:00 PM, Room A‑1

Accompanied a study order: 2025‑11‑10 (H4708)

Bill takes effect upon approval by the Governor.

Notes and anomalies

The packet supplied includes unrelated legislative text (Massachusetts House Docket No. 3564 concerning assisted living and tax increment financing). The operative alimony language appears to be a South Carolina amendment dated 12/05/2024. There are conflicting committee/referral entries in the materials provided; the summary above focuses on the South Carolina alimony amendment language and the Judiciary committee path shown.

Bill