South Carolina
South Carolina allows alimony or separate maintenance and support in amounts and for periods the family court considers just under the circumstances. Courts weigh statutory factors under S.C. Code Ann. § 20-3-130 rather than applying a mandatory formula. Alimony may be periodic, lump-sum, rehabilitative, reimbursement-based, or another form justified by the case.
Eligibility: A spouse seeking alimony must generally show financial need and that the other spouse has the ability to pay. Courts consider marriage length, ages, health, education, earning capacities, expenses, property division, child custody responsibilities, tax consequences, and marital fault. A spouse who committed adultery before a signed settlement agreement or permanent order may be barred from receiving alimony.
Texas
Texas uses the term spousal maintenance for court-ordered post-divorce support and imposes some of the nation's strictest eligibility requirements. Unlike many states, support is not presumed based solely on income disparity, and a spouse must first satisfy statutory eligibility thresholds before a court considers amount and duration.
Eligibility: A spouse generally must lack sufficient property after divorce to provide for minimum reasonable needs and satisfy at least one statutory ground. Common grounds include a marriage lasting 10 years or more combined with inability to earn sufficient income, a disabling condition, caregiving responsibilities for a disabled child, or recent family violence by the other spouse. The spouse seeking maintenance bears the burden of proving eligibility.
