How South Carolina’s Divorce Laws Are Evolving in 2025–2026

Updated September 16, 2026.

What changed, and what is still proposed? South Carolina’s amended temporary-hearing rule applies to hearing requests submitted on or after October 1, 2025. Proposed alimony legislation is a separate issue: a bill’s introduction does not make its proposed rules the law.

This article distinguishes current authority from proposed changes, with links to the official records checked in September 2026. Discuss the rules that apply to your case with your attorney.

Overview of Current Divorce Laws in South Carolina

The current South Carolina divorce statutes address divorce grounds, residence requirements and financial issues. The no-fault ground requires a year of living separately without cohabitation. Reaching agreement about finances or parenting does not replace the legal requirements for obtaining a divorce.

Key Updates in 2025–2026

Alimony Reform: Proposal Versus Current Law

House Bill 3098 proposes changing periodic alimony. At this update, the official history lists the bill in the House following referral to the Judiciary Committee; it does not record enactment. Its proposed duration formula should not be presented as the rule governing current awards.

Current §20-3-130 retains periodic alimony and directs courts to consider multiple circumstances. See our alimony and spousal support practice and explanation of how alimony is determined.

Property Division and Transmutation

Property classification requires careful review. Section 20-3-630 addresses marital and nonmarital property, and §20-3-620 sets out equitable-apportionment factors. Do not assume joint title is the only consideration or that a proposed reform has changed the applicable standard. Bring ownership records, account statements and information about how property was acquired and used to a discussion about division of assets.

Court Procedure Changes: Temporary Hearings

The Judicial Branch’s October 1, 2025 notice confirms when the amended procedures took effect. Unlike a proposed bill, this is an effective court-rule change.

Rule 21, SCRFC governs requests for temporary relief, including motions, hearing scheduling, notice, responses and evidence. It also permits certain timing requirements to be modified for good cause. A general summary is not a substitute for checking the rule and orders in your case.

How to Check Pending Proposals

Read a bill’s legislative history as well as its proposed text. Check whether it became an act, its effective date and any provisions addressing existing cases. A future-looking article or a bill’s title alone cannot answer those questions.

What These Changes Mean for Couples

Identify the issue that needs attention: support, parenting, property or an upcoming hearing. Ask which current statute, rule or order governs that issue. Keep proposed changes separate from the options available now.

Avoiding Confusion About Legal Changes

Reform discussions often describe goals and possible outcomes. Those predictions should not be treated as a promised result in a divorce litigation matter. Different issues can be governed by different authorities and effective dates.

Practical Steps for Spouses Considering Divorce

• Keep copies of court papers, agreements and hearing notices.
• Gather financial records you can lawfully access.
• Write down upcoming deadlines and questions for your attorney.
• Ask how a cited change applies to your particular issue.

Questions About the Changes

When Do the Changes Take Effect?

There is no single effective date for every topic. The amended temporary-hearing procedures apply to requests submitted on or after October 1, 2025. Check a separate effective date for any other enacted change.

Will an Ongoing Divorce Be Affected?

Ask your attorney to check the relevant rule or enactment and the dates of the filings or requests in your case.

Is There a New Mandatory Alimony Formula?

The cited H.3098 proposal does not establish an enacted formula. Consult the current statute and the facts of your case.

What Information Should I Gather About Property?

Start with deeds, statements, acquisition dates, debts and records showing how the property was funded and used. Your lawyer can identify what else is relevant.

Where Can I Read the Temporary-Hearing Requirements?

Use the Judicial Branch’s current Rule 21, linked above, and check any instructions or orders applicable to your case.

Discuss Your Next Step

Our Spartanburg divorce practice can help you address the issues involved in ending a marriage. Call (864) 804-6330 or request a consultation.