South Carolina General Assembly
124th Session, 2021-2022

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Bill 5173


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ALIMONY, SO AS TO ESTABLISH CERTAIN LIMITATIONS REGARDING THE AWARD OF ALIMONY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 20-3-130 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

    "( )    Notwithstanding another provision of law, alimony may be awarded only to the party who is earning lesser wages, and alimony awarded on a temporary or permanent basis may not exceed an annual amount equal to the difference between the higher wage earner's annual wages and the lower wage earner's annual wages multiplied by fifteen percent. Further, alimony payments may not be awarded for more months than the parties were married. However, if the court finds by clear and convincing evidence that the award of alimony pursuant to this formula is inequitable, the court may allow a deviation, including upward modification in amount and duration and an award to the higher earning spouse."

SECTION    2.    This act takes effect upon approval by the Governor.

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