How Does Getting Remarried Affect Alimony Obligations in a South Carolina Divorce?

The legal landscape of divorce in South Carolina is often complex, with few issues as financially significant as alimony. For those paying or receiving spousal support, the possibility of a former spouse remarrying can raise a host of pressing questions. Does a new marriage automatically end the obligation? Are there any exceptions to the rule? The answers can have a major impact on your financial future.

This is not a straightforward topic, and the nuances of the law can be surprising. Navigating these changes requires a deep familiarity with South Carolina’s specific statutes and judicial precedents. When a former spouse finds love again, it can directly impact the financial terms of a past marriage, and a clear path forward is necessary.

Does Remarriage Automatically Terminate Alimony in South Carolina?

In South Carolina, remarriage is a game-changer for certain types of alimony, like permanent, periodic alimony. The law is quite clear: the remarriage of the supported spouse terminates this type of alimony obligation automatically. This is a fundamental principle of South Carolina family law that distinguishes it from some other states.

• This termination is not contingent on any specific action from the paying spouse.
• The obligation ends the moment the supported spouse legally enters a new marriage.
• This rule only applies automatically to permanent, periodic alimony, but may also apply to other types, like rehabilitative alimony, if the order or agreement so states.  

The rationale behind this rule is that permanent, periodic alimony is intended to provide support to a financially dependent spouse until they can become self-sufficient. A new marriage is seen as a new source of financial support, thus negating the need for spousal support from the previous marriage.

If, as opposed to permanent, periodic alimony, a judge ordered (or parties agreed to) lump-sum alimony instead, and a portion remains unpaid at the time of remarriage, the paying spouse will likely still be obligated to pay the balance.  This is because of the generally fixed-term but nonmodifiable nature of lump sum alimony, which is one factor parties often consider when electing one form of alimony over another.

What About Cohabitation? Does That Affect Alimony?

While remarriage leads to a clear and definitive termination of permanent, periodic alimony, cohabitation is a different matter entirely. In South Carolina, cohabitation only automatically ends alimony under certain circumstances.  The alimony statute itself indicates that proof of cohabitation with a romantic partner for more than ninety (90) consecutive days will terminate alimony.  However, case law has expanded that requirement to allow alimony to be ended where numerous periods of consecutive cohabitation exist over an extended period of time, but such cohabitation is intentionally disrupted in an effort to circumvent the 90 day minimum requirement.  

What constitutes cohabitation? The South Carolina Code of Laws defines it as a relationship where two people reside together in a “romantic relationship with sexual intimacy on a regular basis.” A court will look at several factors to determine if a cohabitation arrangement exists:

• Shared Residence: Do the two individuals live together in the same home on a regular, consistent basis?
• Intimate Relationship: Is there a romantic and sexual component to the relationship?
• Shared Finances: Do they share joint bank accounts, split bills, or pool financial resources?
• Public Perception: Do they present themselves to the community as a couple?

The key distinction is that with cohabitation, the paying spouse must go back to court and file an action to terminate alimony. They will need to present compelling evidence that the cohabitation exists and is long-term.  This often involves a hearty investment in a private investigator, who can report on the extent of the overnights payee is spending with a cohabiting partner over a 90 day period.   The court will then decide if sufficient proof has been presented to warrant a termination.

What if a Remarried Spouse Is Still Needy?

In almost every scenario, South Carolina courts will not be sympathetic to a remarrying spouse who still feels they require financial support from their former partner. The law presumes that a new marriage provides a new economic foundation.

Notably, a subsequent divorce following a payee’s remarriage (or a subsequent break-up from a cohabitating partner) will not entitle the payee to reprise the prior ex-spouse’s alimony obligation.  If the payee is not an eligible alimony candidate based on the later divorce, the payee may lose eligibility for all possible sources of alimony.  That is why remarriage or cohabitation while receiving a permanent, periodic alimony award should not be entered into lightly.

How Does Remarriage Affect a Payer’s Financial Obligations?

For the person paying alimony, a former spouse’s remarriage is often a huge relief. However, they need to be vigilant to ensure they do not accidentally violate the court order.

• Ceasing Payments: Once a paying spouse confirms the remarriage, they can and should stop making alimony payments. It’s a good practice to obtain a certified copy of the marriage certificate for your records.
• Notification: While not legally required, it’s a good idea to notify your former spouse or their attorney in writing that you are ceasing payments due to their remarriage. This avoids confusion and potential claims of non-compliance.
• Overpayments: What if a payment was made after the remarriage date? In most cases, the paying spouse can recover that overpayment. This may require a legal claim, but the funds were not legally owed.

A new marriage for the paying spouse has no effect whatsoever on their alimony obligation. The duty to pay alimony remains in place, regardless of whether the paying spouse gets remarried, has more children, or takes on new financial obligations. The alimony is based on the terms of the previous marriage’s final order.

What Should You Do When Your Ex-Spouse Remarries?

For the paying spouse, taking action is important to protect your financial interests. The process can be handled in a few straightforward steps.

• Verify the Remarriage: Do not rely on hearsay or social media posts alone. A simple search of public records or a private investigator can confirm a legal marriage. A marriage license application or certificate is the definitive proof you need.
• Immediately Cease Alimony Payments: Once a marriage is confirmed, you are legally entitled to stop payments. If you use a wage deduction order through your employer, you will need to take steps to stop those deductions immediately.
• Consider a Formal Motion: To make the termination a matter of formal record, it may be advisable under certain circumstances to file a modification action with the family court to terminate the alimony obligation. The court will then issue a new order stating that the obligation has ended. This protects you from any future claims that you failed to meet your obligations.

A knowledgeable family law attorney can guide you through this process efficiently and ensure all the necessary documentation is secured and filed correctly.

What If the Remarriage is Annulled?

An annulment is a unique legal event that essentially voids a marriage, treating it as if it never happened. If a supported spouse’s new marriage is annulled, it could potentially reinstate the alimony obligation from the former marriage.

• Remarriage Annulled: When a marriage is annulled, the law may view the original alimony termination as a mistake.
• Reinstatement of Alimony: The supported spouse would need to petition the court to reinstate the spousal support payments.
• Court Discretion: This is not guaranteed, and a family court judge will look at the specific circumstances of the annulment. For example, if the annulment was based on a technicality and not a genuine mistake of fact, the court may be hesitant to reinstate the payments.

The critical factor is that the annulment must be a true annulment and not a divorce. A divorce ends a marriage, while an annulment legally erases it.

Other Factors to Consider

The legal framework around remarriage and alimony is based on the final court order or settlement agreement that established the alimony obligation. Here are some other things to consider.

• Lump-Sum Payments: The common exception to the termination rule is a lump-sum award. A lump-sum alimony payment is not considered ongoing support. It’s an award of a fixed sum of money, often paid in periodic installments. A former spouse’s remarriage does not typically affect the obligation to pay the remaining balance of a lump-sum award, unless the parties’ order specifically says it does.
• Life Insurance Policies: Many alimony agreements require the paying spouse to maintain a life insurance policy with the former spouse as the beneficiary to secure future payments in case of the payor’s death. Once alimony is terminated due to remarriage, the paying spouse can typically remove the former spouse as the beneficiary.

The Role of a Divorce Attorney

Dealing with a legal issue like alimony and remarriage can be daunting. The laws can be confusing, and the financial stakes are high. Having a skilled legal professional on your side can make all the difference.

An attorney can provide:

• Guidance and Advocacy: Attorneys can explain the specific laws and how they apply to your situation, whether you are the payer or the recipient.
• Formal Filings: They can draft and file the necessary paperwork with the court to formally terminate the alimony obligation and ensure your legal standing is protected.
• Negotiation: If there are other lingering financial issues, they can negotiate a final settlement to avoid future disputes.
• Experience in the Courts: A local attorney with experience in South Carolina family courts understands how judges in a specific county or jurisdiction typically approach these issues.

The end of an alimony obligation, while a relief for some, should be handled with care to avoid any future legal challenges.

How Nowell Law Firm Can Help You

The details of your divorce decree, the specifics of your financial situation, and the legal nuances of remarriage can be difficult to navigate alone. At Nowell Law Firm, we are dedicated to helping our clients confidently address every aspect of their South Carolina family law matters. If you are a paying spouse seeking to terminate your alimony obligation, or a supported spouse with questions about your financial rights, we are here to provide the informed guidance you need. We will review your case, explain your options, and help you take the proper steps to secure your financial future.

Schedule a consultation with our firm today. Call us at 864-707-1785 or reach out to us online to connect with our team.