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COMMITTEE AMENDMENT ADOPTED
April 1, 2008
S. 252
S. Printed 4/1/08--S.
Read the first time January 9, 2007.
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 COURT OF COMPETENT JURISDICTION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT; TO PROVIDE THAT PARTIES MAY ENTER INTO A CONSENT ORDER FOR CONTINUED SUPPORT CONTRARY TO THIS SECTION; AND TO FURTHER PROVIDE THAT A PERSON MAY PETITION FOR RELIEF FROM AN ORDER TO PAY ALIMONY OR SPOUSAL SUPPORT IF THE ORDER REINSTATED ALIMONY OR SPOUSAL SUPPORT TO A FORMER SPOUSE WHOSE REMARRIAGE WAS LATER ANNULLED.
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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