Divorce is never easy, but in South Carolina, the legal framework that governs how couples separate is undergoing significant changes. Between 2025 and 2026, lawmakers and courts are updating rules on alimony, property division, and court procedures. 

These reforms aim to create a more modern, consistent system, but they also bring new challenges for anyone considering divorce. 

Understanding these shifts is crucial if you are preparing for separation, already in the middle of a case, or simply planning for the future.

Overview of Current Divorce Laws in South Carolina

Before diving into the new changes, it helps to understand how divorce laws traditionally work in South Carolina:

• Grounds for Divorce

Couples can file based on fault grounds like adultery, physical cruelty, or habitual drunkenness, or they may pursue a no-fault divorce after one year of continuous separation.

• Alimony and Spousal Support

Judges have historically had broad discretion in awarding spousal support, including periodic, rehabilitative, or lump-sum alimony. Fault, income disparity, and length of marriage often weigh heavily.

• Property Division

South Carolina is an equitable distribution state, meaning marital property is divided fairly, though not always equally. Nonmarital property can sometimes become “transmuted” into marital property if mixed with marital assets.

• Court Procedures

Temporary hearings often determine custody, support, or financial relief while the divorce is pending. These hearings are fast-paced and influential in the final outcome.

Key Updates in 2025–2026

Here are some updates of the divorce law in SC in 2025-2026:

Alimony Reform

Legislation introduced in 2025 seeks to eliminate indefinite periodic alimony. Instead, alimony awards will be more closely tied to the length of the marriage, with clearer guidelines for duration and amount. These reforms aim to bring predictability and fairness, reducing drawn-out disputes.

Property Division and Transmutation

Lawmakers are tightening the rules on how nonmarital property becomes marital property. Under new standards, clear and convincing evidence must show intent to convert property. 

For example, simply making payments on a mortgage won’t automatically turn a house into marital property unless both spouses are on the title.

Court Procedure Changes

Amendments to Rule 21 of the South Carolina Rules of Family Court will take effect in October 2025, changing how temporary hearings are requested and conducted. 

These updates are expected to streamline cases, but they also require attorneys and spouses to prepare more thoroughly from the start.

Pending Proposals

Other bills under consideration could impact how adultery affects alimony eligibility and refine technical rules around divorce litigation. While not all proposals will become law, they signal the state’s commitment to ongoing reform.

What These Changes Mean for Couples

For divorcing couples, these updates carry real-world consequences:

• Financial Settlements

Alimony is likely to be more predictable, which could make settlement negotiations faster and less contentious.

• Property Division 

Spouses seeking to protect nonmarital assets must keep meticulous records, as the burden of proof is higher.

• Child Custody and Support 

While not the primary focus of the reforms, custody and support may indirectly be influenced by changes to temporary hearings and alimony eligibility.

• Case Timelines

Some cases may resolve quicker under streamlined procedures, while others could face delays as courts adjust to new standards.

Potential Challenges and Criticisms

Not everyone agrees with the reforms. 

Critics argue that:

• Eliminating indefinite alimony could leave long-term spouses financially vulnerable.

• The higher burden of proof for property cases may create longer, more expensive litigation.

• Court rule changes might disadvantage self-represented spouses who are unfamiliar with updated procedures.

These challenges highlight the importance of legal representation during divorce.

Practical Steps for Spouses Considering Divorce

If you are thinking about divorce in South Carolina in 2025–2026, preparation is key:

• Gather Documentation

Keep records of property ownership, financial accounts, debts, and income.

• Consult a Divorce Attorney

A lawyer up-to-date on the latest reforms can explain how changes apply to your case.

• Explore Settlement Options

Negotiating outside of court may help you avoid lengthy disputes and take advantage of clearer alimony rules.

• Plan for Temporary Hearings

Understand the new procedures so you are not caught off-guard when immediate issues like custody or support need resolution.

FAQs

Q.1 When do the new divorce law changes take effect?

A. Most updates, including the changes to Rule 21, will apply beginning October 1, 2025, with others rolling out through 2026.

Q2. Will ongoing divorces be affected?

A. It depends. Some cases may proceed under prior rules, while others will shift to the new system. Your attorney can clarify how the timing applies to you.

Q3. How is alimony calculated under the new rules?

A. Alimony will now be based on clearer formulas tied to the length of the marriage and each spouse’s financial resources, with less reliance on open-ended awards.

Q4. What evidence is required for property division?

A. Spouses must provide clear and convincing evidence that property was intended to become marital. Simply paying expenses isn’t enough unless ownership is jointly held.

Q5. How do temporary hearing rules change?

A. Requests for temporary hearings will follow new filing requirements and scheduling timelines designed to create more uniformity across cases.

Conclusion

South Carolina’s divorce laws are entering a new era in 2025–2026, with major changes to alimony, property division, and court procedures. While these reforms aim to bring clarity and fairness, they also raise questions that couples must navigate carefully. Staying informed and seeking professional legal guidance is the best way to protect your rights during this period of transition.
If you’re considering divorce or are already in the process, now is the time to prepare for how South Carolina’s updated laws may affect your case. Call us today at (864) 804-6330 to schedule a consultation and discuss your options, safeguard your assets, and ensure you’re ready for these upcoming changes.