If the court awards the custody of the children to the spouse receiving alimony the court, by its decree, unless good cause to the contrary be shown, shall allocate any award for permanent alimony and support between the supported spouse and the children and upon the remarriage or continued cohabitation of the supported spouse the amount fixed in the decree for his or her support shall cease, and no further alimony payments may be required from the supporting spouse.
For purposes of this section and unless otherwise agreed to in writing by the parties, "continued cohabitation" means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.
HISTORY: 1962 Code Section 20-114; 1952 Code Section 20-114; 1949 (46) 216; 1979 Act No. 71 Section 8; 2002 Act No. 328, Section 2, eff June 18, 2002.
Structure South Carolina Code of Laws
Section 20-3-10. Grounds for divorce.
Section 20-3-20. Effect of collusion.
Section 20-3-30. Residence requirement.
Section 20-3-40. Married person deemed of age.
Section 20-3-50. Jurisdiction of actions for divorce.
Section 20-3-70. Service of summons on nonresident.
Section 20-3-80. Required delays before reference and final decree; exceptions.
Section 20-3-90. Attempt at reconciliation.
Section 20-3-100. Attempt at reconciliation when one party is in armed forces overseas.
Section 20-3-110. Injunctions incident to divorce suits.
Section 20-3-120. Alimony and suit money.
Section 20-3-125. Petition to enforce award of attorney fee.
Section 20-3-130. Award of alimony and other allowances.
Section 20-3-135. Spousal support obligation when marriage declared void due to fraud.
Section 20-3-145. Attorney fee to constitute lien; payment to estate.
Section 20-3-160. Care, custody, and maintenance of children.
Section 20-3-180. Change of name after divorce or separation.
Section 20-3-190. Divorced wife barred of dower.
Section 20-3-200. Divorce shall not render children illegitimate.
Section 20-3-210. Unlawful advertising for purpose of procuring divorce.
Section 20-3-220. Unlawful advertising for purpose of procuring divorce; penalty.
Section 20-3-410. Short title.
Section 20-3-420. Nonresident divorce shall be void if parties were domiciled here.
Section 20-3-430. Prima facie evidence of domicile.
Section 20-3-440. Construction.
Section 20-3-610. Spousal equity and ownership rights.
Section 20-3-620. Apportionment factors.
Section 20-3-630. Marital property; nonmarital property.
Section 20-3-640. Declining values of contributions.
Section 20-3-650. Sequestration of property.
Section 20-3-660. Court's authority to achieve equitable apportionment.
Section 20-3-670. Notice of pendency of action.
Section 20-3-680. Form of transcript of judgment.
Section 20-3-690. Subject matter jurisdiction over contracts.