In long-term marriages, a difficult alimony question frequently arises when the higher-earning spouse is nearing retirement: Should the court award permanent periodic alimony based on current earnings, even though those earnings may soon decline substantially?

The South Carolina Court of Appeals addressed that issue in Updegraff v. Updegraff, an unpublished 2026 opinion. The husband earned approximately $27,862 per month, while the wife earned approximately $9,480 per month. After considering the statutory alimony factors, the family court ordered the husband to pay $2,500 per month in permanent periodic alimony.

The husband argued that the award should instead be limited to a definite term because he was required to retire from his employment at age sixty-five. He maintained that, following retirement, the wife could earn more than he did and that continued payments might have to come from his share of the retirement assets. He also expressed concern that retirement could not later justify modification because it was already anticipated when alimony was awarded.

The Court of Appeals rejected those arguments and affirmed the permanent award. Although the husband expected to retire at sixty-five, the actual financial consequences of retirement were not yet known. His future income, expenses, retirement benefits, and overall ability to pay could not be determined without speculation. Alimony must be based on the parties’ circumstances when the award is made—not on assumptions about what their finances may look like years later.

Importantly, permanent does not necessarily mean unchangeable. South Carolina law expressly provides that a supporting spouse’s retirement is sufficient grounds for a hearing to determine whether circumstances have changed enough to warrant modification or termination of alimony. The family court also clarified that its order did not prevent either party from seeking future relief upon a proper showing.

This is a common tension when long-term marriages end. The supported spouse may have an immediate, continuing need for support, while the payor faces a foreseeable—but not yet measurable—reduction in income. Updegraff illustrates the realistic approach: decide alimony from present evidence and address retirement when it actually occurs and its financial impact can be proven.

(Because this opinion is unpublished, it has no precedential value and generally should only be cited as persuasive authority.)