H 3019 General Bill, By Brannon and McKnight
 A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE AWARD OF ALIMONY, SO AS TO CREATE A REBUTTABLE PRESUMPTION
 THAT A MARRIAGE LASTING LESS THAN TEN YEARS DOES NOT QUALIFY FOR PERIODIC OR
 PERMANENT ALIMONY.

   12/11/14  House  Prefiled (House Journal-page 5)
   12/11/14  House  Referred to Committee on Judiciary
   01/13/15  House  Introduced and read first time (House Journal-page 65)
   01/13/15  House  Referred to Committee on Judiciary
                     (House Journal-page 65)

TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ALIMONY, SO AS TO CREATE A REBUTTABLE PRESUMPTION THAT A MARRIAGE LASTING LESS THAN TEN YEARS DOES NOT QUALIFY FOR PERIODIC OR PERMANENT ALIMONY.

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

SECTION    1.    Section 20-3-130(B) of the 1976 Code is amended to read:

"(B)    Alimony and separate maintenance and support awards may be granted pendente lite and permanently in such amounts and for periods of time subject to conditions as the court considers just including, but not limited to:

(1)    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)    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)    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)    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)    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)    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.

There is a rebuttable presumption that a marriage lasting less than ten years does not qualify for periodic or permanent alimony."

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