Can “Nonmodifiable” Alimony in South Carolina Ever Be Changed?

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Can “Nonmodifiable” Alimony in South Carolina Ever Be Changed?

Can “Nonmodifiable” Alimony in South Carolina Ever Be Changed? New Supreme Court Ruling Provides Critical Clarity
Understanding Your Rights When Life Circumstances Change After Divorce

If you’re paying or receiving alimony in South Carolina under an agreement labeled “nonmodifiable,” a recent South Carolina Supreme Court decision could significantly impact your rights. The case of Rish v. Rish clarifies when and how alimony can be modified—even when your divorce decree says it cannot be.

The Rish Case: What Happened
Frank and Kathy Rish divorced in 2003 after 31 years of marriage. Their settlement agreement, approved by the family court, required Frank to pay $650 per month in periodic alimony. Critically, the order stated this alimony was “nonmodifiable.”

Seven years later, in 2010, Frank filed to reduce his alimony payments. Kathy did not object based on the nonmodifiable language. The court reduced his payments to $550 per month in 2011, and Kathy did not appeal.

By 2016, Frank’s circumstances had changed dramatically. Health problems forced him to retire, cutting his income essentially in half. He returned to court seeking to terminate alimony entirely. In 2018, the family court granted his request and terminated the alimony obligation.

Only then did Kathy argue that the court lacked authority to modify the original 2003 “nonmodifiable” award. She claimed both the 2011 and 2018 orders were void.

The Supreme Court’s Key Holdings
The South Carolina Supreme Court reversed the Court of Appeals and made several important clarifications:

1. Family Courts Always Have Jurisdiction Over Alimony Modifications
The Court clarified that family courts always have subject matter jurisdiction to consider requests to modify alimony, even when an agreement says alimony is nonmodifiable. The question is not whether the court has jurisdiction, but whether the court has the power to grant the modification.

2. Nonmodifiable Agreements Are Enforceable—But Must Be Raised
When parties properly agree in writing that alimony will be nonmodifiable, and the court approves that agreement under South Carolina Code Section 20-3-130(G), courts will enforce it. However, the party seeking to enforce a nonmodifiable provision must raise it as a defense, or risk waiving that right.

3. Silence Can Mean Waiver
Because Kathy did not challenge the 2011 modification based on the nonmodifiable language, and did not appeal that order, she waived her right to later claim the alimony could not be modified. The 2011 order became the controlling order, and it contained no nonmodifiable language.

Why the Legislature Created the “Nonmodifiable” Option
The Court explained the reasoning behind South Carolina Code Section 20-3-130(G), which allows parties to agree that alimony will be nonmodifiable. Life circumstances can change dramatically after divorce—job loss, health problems, retirement, or other unforeseen events can make previously affordable alimony payments impossible to maintain.Because these changes are often difficult to predict, the legislature wanted to ensure that agreements to foreclose future modifications are thoroughly contemplated. That’s why the law requires:

The agreement must be in writing

It must be properly approved by the court

Both parties must clearly understand they are giving up the right to seek future modifications

Practical Takeaways for Divorcing Spouses
If You’re Paying Alimony:

Even if your divorce decree says alimony is “nonmodifiable,” understand that the family court has jurisdiction to hear your request for modification

However, if the nonmodifiable agreement complies with Section 20-3-130(G), the court cannot grant your request

If your circumstances change substantially, consult with an attorney about your options

If You’re Receiving Alimony:

If your divorce decree contains nonmodifiable language, you must raise this defense if your ex-spouse seeks modification
Failing to object to a first modification may waive your right to object to future modifications
Don’t assume the court will enforce nonmodifiable language automatically—it’s your responsibility to assert this right

If You’re Considering Being Flexible:
Chief Justice Beatty’s dissent raises an important concern: this ruling might discourage alimony recipients from showing benevolence when a former spouse faces temporary financial hardship. However, the majority opinion offers a solution: if you want to allow a temporary reduction without losing your nonmodifiable protection, you can agree to a temporary reduction with the condition that the reduced award itself is nonmodifiable.

Important Questions to Ask Your Attorney
If you’re dealing with alimony issues in South Carolina, consider discussing these questions with your family law attorney:

1. Does my divorce decree contain properly executed nonmodifiable language under Section 20-3-130(G)?
2. If I agreed to one modification, does that mean I’ve waived all future protections?
3. What happens if the payor simply cannot afford the nonmodifiable payments?
4. How can I protect myself if I want to be flexible about temporary financial difficulties?

The Bottom Line
The Rish decision makes clear that “nonmodifiable” doesn’t mean the family court lacks authority to hear modification requests—it means the court lacks power to grant them if the agreement is properly executed and timely asserted as a defense. Most importantly, if you have a nonmodifiable alimony agreement, you must actively defend it when challenged, or risk losing that protection forever.This blog post is for informational purposes only and does not constitute legal advice.

Every family law case is unique and depends on specific facts and circumstances. If you have questions about alimony modification in South Carolina, contact Klok Law Firm LLC for a consultation.Klok Law Firm LLC

Experienced Family Law Representation in South Carolina

By Suzanne Klok|2025-11-12T16:59:39+00:00August 30th, 2024|Alimony, Family Law, Modification|Comments Off on Can “Nonmodifiable” Alimony in South Carolina Ever Be Changed?

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About the Author: Suzanne Klok

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Can “Nonmodifiable” Alimony in South Carolina Ever Be Changed? New Supreme Court Ruling Provides Critical Clarity
Understanding Your Rights When Life Circumstances Change After Divorce

If you’re paying or receiving alimony in South Carolina under an agreement labeled “nonmodifiable,” a recent South Carolina Supreme Court decision could significantly impact your rights. The case of Rish v. Rish clarifies when and how alimony can be modified—even when your divorce decree says it cannot be.

The Rish Case: What Happened
Frank and Kathy Rish divorced in 2003 after 31 years of marriage. Their settlement agreement, approved by the family court, required Frank to pay $650 per month in periodic alimony. Critically, the order stated this alimony was “nonmodifiable.”

Seven years later, in 2010, Frank filed to reduce his alimony payments. Kathy did not object based on the nonmodifiable language. The court reduced his payments to $550 per month in 2011, and Kathy did not appeal.

By 2016, Frank’s circumstances had changed dramatically. Health problems forced him to retire, cutting his income essentially in half. He returned to court seeking to terminate alimony entirely. In 2018, the family court granted his request and terminated the alimony obligation.

Only then did Kathy argue that the court lacked authority to modify the original 2003 “nonmodifiable” award. She claimed both the 2011 and 2018 orders were void.

The Supreme Court’s Key Holdings
The South Carolina Supreme Court reversed the Court of Appeals and made several important clarifications:

1. Family Courts Always Have Jurisdiction Over Alimony Modifications
The Court clarified that family courts always have subject matter jurisdiction to consider requests to modify alimony, even when an agreement says alimony is nonmodifiable. The question is not whether the court has jurisdiction, but whether the court has the power to grant the modification.

2. Nonmodifiable Agreements Are Enforceable—But Must Be Raised
When parties properly agree in writing that alimony will be nonmodifiable, and the court approves that agreement under South Carolina Code Section 20-3-130(G), courts will enforce it. However, the party seeking to enforce a nonmodifiable provision must raise it as a defense, or risk waiving that right.

3. Silence Can Mean Waiver
Because Kathy did not challenge the 2011 modification based on the nonmodifiable language, and did not appeal that order, she waived her right to later claim the alimony could not be modified. The 2011 order became the controlling order, and it contained no nonmodifiable language.

Why the Legislature Created the “Nonmodifiable” Option
The Court explained the reasoning behind South Carolina Code Section 20-3-130(G), which allows parties to agree that alimony will be nonmodifiable. Life circumstances can change dramatically after divorce—job loss, health problems, retirement, or other unforeseen events can make previously affordable alimony payments impossible to maintain.Because these changes are often difficult to predict, the legislature wanted to ensure that agreements to foreclose future modifications are thoroughly contemplated. That’s why the law requires:

The agreement must be in writing

It must be properly approved by the court

Both parties must clearly understand they are giving up the right to seek future modifications

Practical Takeaways for Divorcing Spouses
If You’re Paying Alimony:

Even if your divorce decree says alimony is “nonmodifiable,” understand that the family court has jurisdiction to hear your request for modification

However, if the nonmodifiable agreement complies with Section 20-3-130(G), the court cannot grant your request

If your circumstances change substantially, consult with an attorney about your options

If You’re Receiving Alimony:

If your divorce decree contains nonmodifiable language, you must raise this defense if your ex-spouse seeks modification
Failing to object to a first modification may waive your right to object to future modifications
Don’t assume the court will enforce nonmodifiable language automatically—it’s your responsibility to assert this right

If You’re Considering Being Flexible:
Chief Justice Beatty’s dissent raises an important concern: this ruling might discourage alimony recipients from showing benevolence when a former spouse faces temporary financial hardship. However, the majority opinion offers a solution: if you want to allow a temporary reduction without losing your nonmodifiable protection, you can agree to a temporary reduction with the condition that the reduced award itself is nonmodifiable.

Important Questions to Ask Your Attorney
If you’re dealing with alimony issues in South Carolina, consider discussing these questions with your family law attorney:

1. Does my divorce decree contain properly executed nonmodifiable language under Section 20-3-130(G)?
2. If I agreed to one modification, does that mean I’ve waived all future protections?
3. What happens if the payor simply cannot afford the nonmodifiable payments?
4. How can I protect myself if I want to be flexible about temporary financial difficulties?

The Bottom Line
The Rish decision makes clear that “nonmodifiable” doesn’t mean the family court lacks authority to hear modification requests—it means the court lacks power to grant them if the agreement is properly executed and timely asserted as a defense. Most importantly, if you have a nonmodifiable alimony agreement, you must actively defend it when challenged, or risk losing that protection forever.This blog post is for informational purposes only and does not constitute legal advice.

Every family law case is unique and depends on specific facts and circumstances. If you have questions about alimony modification in South Carolina, contact Klok Law Firm LLC for a consultation.Klok Law Firm LLC

Experienced Family Law Representation in South Carolina