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One of the most frequently asked questions in divorce consultations at Sarji Law Firm is, “Do I qualify for alimony, and how long do we need to have been married?” If you’re considering a divorce in South Carolina, understanding how marriage length factors into alimony decisions is critical. While there’s no automatic cutoff, the duration of the marriage is a key factor judges look at when determining whether alimony is appropriate—and what type should be awarded.
Alimony, also known as spousal support, is meant to help one spouse maintain financial stability after divorce. South Carolina law doesn’t set a minimum number of years required for alimony, but the longer the marriage, the more likely one spouse may be awarded support—especially if they sacrificed career advancement, stayed home with children, or supported the other’s education or professional growth.
South Carolina Code § 20-3-130 governs alimony and outlines the various types of support available. Instead of using a formula (like child support), courts weigh several factors to decide whether alimony is appropriate. These include:
While marriage duration isn’t the only factor, it plays a significant role in shaping the outcome. Longer marriages generally result in longer or more permanent forms of alimony. Conversely, in very short marriages, alimony may be denied altogether unless there are extraordinary circumstances.
Let’s take a closer look at how South Carolina courts typically treat marriages of different lengths when evaluating alimony eligibility:
In general, alimony is less likely to be awarded in marriages that last fewer than five years—especially if both spouses are working, have similar incomes, or haven’t made substantial financial sacrifices. However, short-term marriages may still qualify for temporary or rehabilitative alimony if one spouse needs time to reenter the workforce, pursue job training, or complete a degree.
This middle range often presents the most variation. Courts will carefully evaluate income disparity, whether one spouse was financially dependent, and whether the marriage allowed one partner to advance professionally at the other’s expense. In this scenario, alimony is more common—especially rehabilitative or lump-sum alimony designed to support the lower-earning spouse for a specific period.
Long-term marriages (typically 15 years or more) significantly increase the likelihood of alimony being awarded. Judges are more inclined to award periodic alimony—monthly payments that may last for many years or even indefinitely, depending on the circumstances. These cases often involve one spouse stepping away from their career to raise children or care for the home, creating a long-term income gap that doesn’t resolve immediately after divorce.
Even if your marriage meets the length thresholds above, the kind of alimony awarded can vary. Here’s a quick overview:
The type and amount of alimony awarded is determined by the court’s assessment of the couple’s unique financial history and future prospects.
Yes—South Carolina is one of the few states where marital fault can bar alimony altogether. For example, if the spouse seeking alimony committed adultery before a formal separation or the signing of a settlement agreement, they may be automatically disqualified from receiving support.
That’s why it’s important to speak with an experienced attorney early in the divorce process, especially if marital misconduct is a concern. A fault-based claim could be used to prevent or reduce the amount of support a spouse might otherwise receive.
In certain circumstances, even short-term marriages may warrant alimony:
Similarly, long-term marriages do not guarantee support. If both spouses are healthy, self-sufficient, and earn similar incomes, a judge may decline to award alimony altogether.
The length of your marriage matters—but it’s just one part of a bigger picture when it comes to alimony in South Carolina. Judges have broad discretion, and the details of your financial life, family structure, and personal sacrifices all influence what happens next.
At Sarji Law Firm, we help clients across Charleston understand their rights and build strong cases for alimony when support is needed. Whether you’re pursuing financial help or trying to avoid an unfair obligation, we’ll guide you through the legal process with clarity, compassion, and strategy.
If you have questions about whether you qualify for alimony based on the length of your marriage, don’t wait. Contact us today to schedule a confidential consultation and take the first step toward protecting your financial future.
