Reference is to Printer's Date 3/10/16 -H.
Amend the bill, as and if amended, by all after the enacting words and inserting:
/ SECTION 1.
Section 20-3-130(A), (B), and (H) of the 1976 Code
is amended to read:
"(A) In
proceedings for divorce from the bonds of matrimony, and in
actions for separate maintenance and support, the court may
grant alimony or separate maintenance and support in such
amounts and for such term as the court considers appropriate as
from the circumstances of the parties and the nature of case may
be just, pendente lite, and permanently, or as
otherwise allowed by statute. No alimony may be awarded a
spouse who commits adultery before the earliest of these two
events: (1) the formal signing of a written property or marital
settlement agreement or (2) entry of a permanent order of
separate maintenance and support or of a permanent order
approving a property or marital settlement agreement between the
parties.
(B) Alimony and
separate maintenance and support awards may be granted pendente
lite and permanently, or as otherwise allowed by statute
in such amounts and for periods of time subject to conditions as
the court considers just including, but not limited to:
(1)
Transitional alimony, payable by one party to the other
party for a determinable period of time. Transitional alimony is
awarded when the court finds that rehabilitation is not
required, but that the economically disadvantaged spouse needs
financial assistance in adjusting to the economic consequences
of the divorce. Transitional alimony is designed to aid a spouse
who already possesses the capacity for self-sufficiency but
needs financial assistance in adjusting to the economic
consequences of establishing and maintaining a household without
the benefit of the other spouse's income. As such, transitional
alimony is a form of short-term support. Transitional alimony
may be modified only when:
(a)
the parties agree that it may be modified;
(b)
the court provides for modification in the
divorce decree; or
(c)
the supported spouse commits continued
cohabitation as defined by law.
(2)
Periodic alimony to be paid but terminating on the
remarriage or continued cohabitation of the supported spouse or
upon the death of either spouse (except as secured in subsection
(D)) and terminable and modifiable based upon changed
circumstances occurring in the future. The purpose of this form
of support may include, but is not limited to, circumstances
where the court finds it appropriate to order the payment of
alimony on an ongoing basis where it is desirable to make a
current determination and requirement for the ongoing support of
a spouse to be reviewed and revised as circumstances may dictate
in the future.
(2)(3)
Lump-sum alimony in a finite total sum to be paid in one
installment, or periodically over a period of time, terminating
only upon the death of the supported spouse, but not terminable
or modifiable based upon remarriage or changed circumstances in
the future. The purpose of this form of support may include, but
not be limited to, circumstances where the court finds alimony
appropriate but determines that such an award be of a finite and
nonmodifiable nature.
(3)(4)
Rehabilitative alimony in a finite sum to be paid in one
installment or periodically, terminable upon the remarriage or
continued cohabitation of the supported spouse, the death of
either spouse (except as secured in subsection (D)) or the
occurrence of a specific event to occur in the future, or
modifiable based upon unforeseen events frustrating the good
faith efforts of the supported spouse to become self-supporting
or the ability of the supporting spouse to pay the
rehabilitative alimony. The purpose of this form of support may
include, but is not limited to, circumstances where the court
finds it appropriate to provide for the rehabilitation of the
supported spouse, but to provide modifiable ending dates
coinciding with events considered appropriate by the court such
as the completion of job training or education and the like, and
to require rehabilitative efforts by the supported spouse.
(4)(5)
Reimbursement alimony to be paid in a finite sum, to be
paid in one installment or periodically, terminable on the
remarriage or continued cohabitation of the supported spouse, or
upon the death of either spouse (except as secured in subsection
(D)) but not terminable or modifiable based upon changed
circumstances in the future. The purpose of this form of support
may include, but is not limited to, circumstances where the
court finds it necessary and desirable to reimburse the
supported spouse from the future earnings of the payor spouse
based upon circumstances or events that occurred during the
marriage.
(5)(6)
Separate maintenance and support to be paid periodically,
but terminating upon the continued cohabitation of the supported
spouse, upon the divorce of the parties, or upon the death of
either spouse (except as secured in subsection (D)) and
terminable and modifiable based upon changed circumstances in
the future. The purpose of this form of support may include, but
is not limited to, circumstances where a divorce is not sought,
but it is necessary to provide for support of the supported
spouse by way of separate maintenance and support when the
parties are living separate and apart.
(6)(7) Such
other form of spousal support, under terms and conditions as the
court may consider just, as appropriate under the circumstances
without limitation to grant more than one form of support.
For purposes of this subsection and unless
otherwise agreed to in writing by the parties, 'continued
cohabitation' means the supported spouse resides with another
person in a romantic relationship for a period of ninety
or more consecutive days. The court may determine that a
continued cohabitation exists if there is evidence that the
supported spouse resides with another person in a romantic
relationship for periods of less than ninety days and the two
periodically separate in order to circumvent the ninety-day
requirement. If a marriage lasts less than ten
years, the court must first consider alternate forms of alimony
before awarding periodic alimony and make findings as to why
alternate forms are not awarded when periodic alimony is
awarded.
(H) The court, from
time to time after considering the financial resources and
marital fault of both parties, may order one party to pay a
reasonable amount to the other for attorney fees, expert fees,
investigation fees, costs, and suit money incurred in
maintaining an action for divorce from the bonds of matrimony,
as well as in actions for separate maintenance and support,
including sums for services rendered and costs incurred before
the commencement of the proceeding and after entry of judgment,
pendente lite and permanently, or as otherwise allowed by
statute."
SECTION 2.
Section 20-3-150 of the 1976 Code is amended to
read:
"Section 20-3-150.
If the court awards the custody of the children to the
spouse receiving alimony the court, by its decree, unless good
cause to the contrary be shown, shall allocate any award for
permanent alimony and support between the
supported spouse and the children and upon the remarriage or
continued cohabitation of the supported spouse the amount fixed
in the decree for his or her support shall cease, and no further
alimony payments may be required from the supporting spouse.
For purposes of this section and unless
otherwise agreed to in writing by the parties, 'continued
cohabitation' means the supported spouse resides with another
person in a romantic relationship for a period of ninety
or more consecutive days. The court may determine that a
continued cohabitation exists if there is evidence that the
supported spouse resides with another person in a romantic
relationship for periods of less than ninety days and the two
periodically separate in order to circumvent the ninety-day
requirement."
SECTION 3. Section
20-3-170 of the 1976 Code is amended to read:
"Section 20-3-170.
(A) Whenever any husband or wife,
pursuant to a judgment of divorce from the bonds of matrimony,
has been required to make his or her spouse any periodic
payments of alimony and the circumstances of the parties or the
financial ability of the spouse making the periodic payments
shall have changed since the rendition of such judgment, either
party may apply to the court which rendered the judgment for an
order and judgment decreasing or increasing the amount of such
alimony payments or terminating such payments and the court,
after giving both parties an opportunity to be heard and to
introduce evidence relevant to the issue, shall make such order
and judgment as justice and equity shall require, with due
regard to the changed circumstances, the supported spouse's
efforts to become self-sufficient, or the supported spouse's
retention or diminution of assets received through equitable
distribution through Article 5, Chapter 3, Title 20, and the
financial ability of the supporting spouse, decreasing or
increasing or confirming the amount of alimony provided for in
such original judgment or terminating such payments. Thereafter
the supporting spouse shall pay and be liable to pay the amount
of alimony payments directed in such order and judgment and no
other or further amount and such original judgment, for the
purpose of all actions or proceedings of every nature and
wherever instituted, whether within or without this State, shall
be deemed to be and shall be modified accordingly, subject in
every case to a further proceeding or proceedings under the
provisions of this section in relation to such modified
judgment.
(B) Retirement by the
supporting spouse is sufficient grounds to warrant a hearing, if
so moved by a party, to evaluate whether there has been a change
of circumstances for alimony. The court shall consider the
following factors:
(1)
whether retirement was contemplated when alimony was
awarded;
(2)
the age of the supporting spouse;
(3)
the health of the supporting spouse;
(4)
whether the retirement is mandatory or voluntary;
(5)
whether retirement would result in a decrease in the
supporting spouse's income; and
(6)
any other factors the court sees fit; and
(7)
social security received by the supported spouse
as a result of the supporting spouse's social security
benefit."
SECTION 4.
Section 63-3-530(A)(38) of the 1976 Code is amended
to read:
"(38) to hear and
determine an action where either party in his or her complaint,
answer, counterclaim, or motion for pendente lite relief prays
for the allowance of suit money pendente lite and
permanently, or for a judicially determined period of
time. In this action the court shall allow a reasonable sum
for the claim if it appears well-founded. Suit money, including
attorney's fees, may be assessed for or against a party to an
action brought in or subject to the jurisdiction of the family
court. An award of temporary attorney's fees or suit costs must
not be stayed by an appeal of the award;"
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.