A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 20-3-130, RELATING TO ALIMONY, SO AS TO DEFINE "SUPPORTED SPOUSE."

 

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

 

SECTION 1.  Section 20-3-130(A) of the S.C. Code is amended to read:

 

    (A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently. No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. For purposes of this section, "supported spouse" means the party who receives financial support from their spouse or former spouse after a separation or divorce based on the fact that the party's income capacity is below the income threshold necessary to pay bills, support any children, or support themselves.

 

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

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