South Carolina governs divorce through fault-based or no-fault grounds, with courts prioritizing the child’s best interests in custody decisions and equitable—but not equal—division of marital assets. Alimony awards factor in marriage duration, income disparity, and fault like adultery, amid 2025-2026 reforms tightening indefinite support and property transmutation rules. No-fault divorces require one year of separation, while fault grounds like cruelty or desertion shorten timelines to 90 days post-filing.​
Child Custody Standards
Courts favor joint custody unless evidence shows harm to the child, weighing parental fitness, home environment, child’s preference (if mature), and stability; no gender preference exists. Temporary orders often set initial arrangements during proceedings, with modifications needing substantial changed circumstances. Shared parenting plans emphasize cooperation, with enforcement via contempt for violations.​
Alimony Reforms
2025 legislation curtails indefinite periodic alimony, linking duration to marriage length (e.g., half the term for long unions) and using clearer formulas based on need versus ability to pay; fault like adultery bars or reduces awards. Types include rehabilitative or lump-sum options, with termination on remarriage or cohabitation; payors gain modification rights for retirement.​
Property Division Process
Equitable distribution applies to marital property acquired during marriage, excluding pre-marital assets unless transmuted by “clear and convincing evidence” of intent under Bill 3105. Courts consider contributions, economic misconduct, and future needs; debts split similarly. Pending Rule 21 changes streamline temporary hearings for urgent relief.​
SOURCES
[1](https://www.maxhydelawfirm.com/how-south-carolinas-divorce-laws-are-evolving-in-2025-2026/)
[2](https://www.scstatehouse.gov/sess126_2025-2026/bills/3105.htm)
[3](https://laurentaylorlaw.com/what-are-the-laws-regarding-divorce-in-south-carolina/)
[4](https://www.mtllawfirm.com/blog/is-there-a-waiting-period-for-divorce-in-south-carolina/)
[5](https://sarjilawfirm.com/what-south-carolinas-alimony-reform-means-for-couples-in-2026/)
