H 3713 General Bill, By Wilkins

Similar(H 3430)
 A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO ALIMONY; AND SECTION 20-3-150, RELATING TO THE SEGREGATION
 OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY
 IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO
 DEFINE "CONTINUED COHABITATION".

   03/25/97  House  Introduced and read first time HJ-19
   03/25/97  House  Referred to Committee on Judiciary HJ-19
   05/07/97  House  Committee report: Favorable Judiciary HJ-30
   05/13/97  House  Read second time HJ-21
   05/14/97  House  Read third time and sent to Senate HJ-17
   05/14/97  Senate Introduced and read first time SJ-10
   05/14/97  Senate Referred to Committee on Judiciary SJ-10
   06/03/98  Senate Recalled from Committee on Judiciary

RECALLED

June 3, 1998

H. 3713

S. Printed 6/3/98--S.

Read the first time May 14, 1997.

A BILL

TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY; AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".

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

SECTION 1. Section 20-3-130(B) of the 1976 Code, as last amended by Act 518 of 1990, is further 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 be 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 be 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 be 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 be 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 'continued cohabitation' means the ongoing residency of the supported spouse with a person in a relat- ionship that is tantamount to marriage, as recognized by the laws of this State."

SECTION 2. Section 20-3-150 of the 1976 Code is amended to read:

"Section 20-3-150. In the event If the court shall award awards the custody of the children to the spouse receiving alimony the court shall, 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 in the event of upon the remarriage or continued cohabitation of the supported spouse the amount fixed in such the decree for his or her support shall forthwith cease, and no further alimony payments shall may be required from such the supporting spouse.

For purposes of this subsection 'continued cohabitation' means the ongoing residency of the supported spouse with a person in a relationship that is tantamount to marriage, as recognized by the laws of this State."

SECTION 3. This act takes effect upon approval by the Governor.