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COMMITTEE AMENDMENT AMENDED, ADOPTED AND AMENDED
March 15, 2006
S. 616
Introduced by Senators Knotts, Grooms, Williams, McConnell, Mescher, Matthews, Scott and Fair
S. Printed 3/15/06--S. [SEC 3/16/06 4:25 PM]
Read the first time March 10, 2005.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY-DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 20 of the 1976 Code is amended by adding:
"Section 20-3-155. For purposes of Section 20-3-150 and other provisions of law requiring the cessation of alimony or spousal support upon the remarriage of the supported spouse, a remarriage of the supported spouse which is later annulled by a court of competent jurisdiction shall cause the cessation of alimony or spousal support. The parties to a divorce or separation agreement may enter into a consent order to permit continued support contrary to the provisions of this section. A person may petition a court of competent jurisdiction for relief from an order to pay alimony or spousal support pursuant to the provisions of this section if the order from which the person seeks relief is an order reinstating alimony or spousal support to a former spouse whose remarriage was later annulled by a court of competent jurisdiction."
SECTION 2. If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor.
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