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Current Status Bill Number:View additional legislative information at the LPITS web site.3823 Ratification Number:460 Act Number:328 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010328 Primary Sponsor:Altman All Sponsors:Altman, Hinson, Campsen, Easterday Drafted Document Number:l:\council\bills\nbd\11457ac01.doc Date Bill Passed both Bodies:20020605 Date of Last Amendment:20020515 Governor's Action:S Date of Governor's Action:20020618 Subject:Alimony, court-ordered; may be terminated upon continued cohabitation of supported spouse History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020708 Act No. A328 ------ 20020618 Signed by Governor ------ 20020606 Ratified R460 House 20020605 Concurred in Senate amendment, enrolled for ratification Senate 20020529 Read third time, returned to House with amendment Senate 20020528 Read second time Senate 20020515 Amended Senate 20020508 Committee report: Favorable with 11 SJ amendment Senate 20020320 Introduced, read first time, 11 SJ referred to Committee House 20020320 Read third time, sent to Senate House 20020307 Co-Sponsor added (Rule 5.2) by Rep. Easterday House 20020307 Read second time House 20020228 Co-Sponsor added (Rule 5.2) by Rep. Campsen House 20020228 Request for debate by Representative Miller Moody- Lawrence Hayes Ott Cobb- Hunter Bales Neilson Altman Easterday Lee McGee Clyburn Breeland Harrison House 20020227 Committee report: Favorable 25 HJ House 20020213 Co-Sponsor added (Rule 5.2) by Rep. Hinson House 20010328 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 27, 2002 - Word format Revised on May 8, 2002 - Word format Revised on May 15, 2002 - Word format
(A328, R460, H3823)
AN ACT 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:
Alimony to terminate on "continued cohabitation"; term defined
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 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."
Alimony to terminate on "continued cohabitation"; term defined
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 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."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 6th day of June, 2002.
Approved the 18th day of June, 2002.
This web page was last updated on Tuesday, December 8, 2009 at 11:30 A.M.