South Carolina lawmakers are advancing three competing bills—HB 3074, HB 3078, and HB 3098—to eliminate lifetime alimony, with HB 3098 proposing a cap of one year of support for every three years of marriage. All three remain stuck in the House Judiciary Committee as of mid-2026, leaving South Carolina among the last states permitting permanent periodic alimony.
Key Facts
| Item | Detail |
|---|---|
| What happened | Three alimony reform bills (HB 3074, HB 3078, HB 3098) introduced to end permanent alimony |
| When | 2025-2026 legislative session; still in committee mid-2026 |
| Where | South Carolina House Judiciary Committee |
| Who's affected | Divorcing spouses, current alimony payors and recipients |
| Key statute | S.C. Code § 20-3-130 (existing alimony framework) |
| Impact | HB 3098 caps support at 1 year per 3 years of marriage; HB 3078 uses 30-35% income-gap formula |
Why this matters legally
These bills would fundamentally rewrite how South Carolina courts award spousal support, replacing broad judicial discretion with mathematical caps. South Carolina is currently one of roughly a half-dozen states that still permit permanent periodic alimony—support with no end date that can last until the recipient remarries, cohabits, or dies. Under the current statute, S.C. Code § 20-3-130, judges weigh 13 statutory factors including marriage duration, each spouse's earning capacity, and standard of living, but face no formulaic limit on duration or amount.
HB 3098 would impose a hard durational ceiling: one year of alimony for every three years of marriage. A 15-year marriage would yield a maximum of five years of support; a 30-year marriage would cap at ten years. HB 3078 takes a different approach, proposing a formula tied to 30-35% of the income difference between the spouses. The practical effect of either bill would be greater predictability for payors and a definitive end date for most support obligations—a sharp departure from the open-ended awards South Carolina courts can issue today.
How South Carolina law handles this
South Carolina currently authorizes five distinct forms of spousal support under S.C. Code § 20-3-130: permanent periodic alimony, lump-sum alimony, rehabilitative alimony, reimbursement alimony, and separate maintenance and support. Permanent periodic alimony is the form these reform bills target, because it has no built-in termination date and continues indefinitely subject to modification.
The existing statute directs courts to consider 13 enumerated factors, including the duration of the marriage, the physical and emotional condition of each spouse, educational background, employment history, earning potential, and standard of living established during the marriage. Critically, marital misconduct—including adultery—can bar an otherwise eligible spouse from receiving alimony entirely under current South Carolina law. None of these factors imposes a numeric cap, which is precisely the gap reform supporters say leaves outcomes unpredictable and discourages payors from remarrying or rebuilding financially.
Under the current framework, permanent periodic alimony terminates automatically upon the remarriage of the supported spouse, the continued cohabitation of the supported spouse for 90 or more consecutive days, or the death of either spouse. HB 3098 and its companion bills would add a fourth, far more common termination trigger: the expiration of the statutory durational cap. If enacted, courts would calculate a maximum support period at the time of the divorce decree, removing the indefinite obligations that define the current system.
It is important to note what has not changed. As of mid-2026, none of these bills has passed committee, reached a House floor vote, or become law. South Carolina's existing alimony statute remains in full effect. Any divorce finalized today is governed by the current 13-factor discretionary standard, not by the proposed caps. Whether the legislature reconciles three competing approaches—or lets all three die in committee, as has happened in prior sessions—remains unresolved.
Practical takeaways
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If you are divorcing now, the current 13-factor standard under S.C. Code § 20-3-130 applies—not the proposed caps. Do not assume a one-year-per-three-years limit governs your case; it is not yet law.
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If you currently pay or receive permanent periodic alimony, your existing order is unaffected unless and until the legislature passes reform with retroactive provisions. None of the three bills as drafted clearly applies to orders already finalized.
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Marriage duration drives the math under both leading proposals. If HB 3098 passes, a marriage's length sets the maximum support window (one year per three years married), so the duration of your marriage becomes the single most important number in your case.
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Document income and earning capacity carefully. HB 3078's 30-35% income-difference formula would make precise income evidence decisive, while the current discretionary standard already weighs earning potential heavily.
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Track the bills' status before relying on them. Legislation can stall, merge, or change substantially in committee. Confirm current law with a South Carolina family law attorney before making financial decisions based on proposed reforms.
If you are navigating a South Carolina divorce and wondering how potential alimony reform could affect your situation, connecting with a local family law attorney can help you understand both the law as it stands today and how proposed changes might shape your options. You can use Divorce.law to find an attorney serving your South Carolina county.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.