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S.C. Code Ann. § 20-3-150

Segregation of allowance between spouse and children; effect of remarriage of spouse

Applied in 13 court decisions — leading case Strickland v. Strickland (2007)

Most recently applied in Biggins v. Burdette (March 2011)

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.

How often courts cite this section

198219902000201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.