Remarrying After a South Carolina Divorce

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

You can remarry after a South Carolina divorce once your divorce is final, meaning the judge has signed and entered the final decree. Before you do, it helps to understand what a new marriage changes: it ends most kinds of alimony you receive, it can end your right to Social Security benefits on your former spouse’s record, and it is a natural time to think about a prenuptial agreement.

This guide covers the timing, the legal effects and a short planning checklist. It is part of our South Carolina Divorce Guide.

Step One: Make Sure the Divorce Is Final

You are still legally married until the family court enters your final decree of divorce. A hearing alone is not enough; the judge’s signed order must be filed. A marriage entered into while a prior marriage still exists is invalid, and it can create serious legal problems for the new marriage.

Before setting a wedding date, check these points:

• Has the decree been signed and filed? Get a certified copy from the Clerk of Court. You may be asked about your prior marriage when you apply for a marriage license, so have it on hand.
• Is a post-trial motion or appeal possible? A party can serve a motion asking the judge to alter or amend the decree within 20 days of receiving written notice of entry (SCRCP Rule 59(e), as amended effective April 30, 2026), and a notice of appeal is due within 30 days. If either is pending, ask your attorney how it affects your plans. See appealing a divorce decree in South Carolina.
• Was there only an order of separate maintenance? A separate maintenance order is not a divorce. You remain married until a divorce is granted.

Keep in mind the waiting rules that come before the decree. Under S.C. Code § 20-3-80, a decree on adultery, physical cruelty or habitual drunkenness grounds cannot be entered until three months after filing. The no-fault ground requires a full year of living separate and apart. See our guide to your divorce decree for what to look for once it is entered.

How Remarriage Affects Alimony

South Carolina has several forms of alimony under S.C. Code § 20-3-130, and remarriage affects them differently. These rules apply to court-ordered alimony; a written agreement approved by the court may set different terms, so read your decree carefully.

A few practical points follow from this:

• If you receive periodic alimony, plan your budget for the end of those payments before you remarry. Unpaid amounts that were already due before the remarriage are a separate issue from future payments.
• If you pay alimony, your own remarriage does not end your obligation. Remarriage of the payor is not one of the listed termination events.
• Living together without marrying can matter too. Periodic, rehabilitative and reimbursement alimony can also end on “continued cohabitation,” which the statute defines as living with another person in a romantic relationship for 90 or more consecutive days. That requires a court finding; it is not automatic. Learn more on our cohabitation rule page.

If you are the paying spouse and your former spouse has remarried, talk with an attorney about the proper steps to stop payments, especially if payments go through a wage withholding or the court.

How Remarriage Affects Child Support

Remarriage does not, by itself, end or change a child support order. Your obligation to support your children continues under the existing order until a court modifies it.

A new marriage can sometimes be part of a broader change in circumstances, such as a move, a new child in the household, or changes in income. If you think support should change, the right step is to ask the court for a modification rather than adjusting payments on your own. See modifying child support in South Carolina.

If your new spouse will live with your children, think about how that fits your parenting plan, particularly if you are considering a move. Relocation with children has its own rules.

Social Security Benefits on a Former Spouse’s Record

If your marriage lasted 10 years or more, you may be able to draw Social Security benefits on your former spouse’s record once you are 62 or older, as long as you are currently unmarried. Remarrying generally ends that eligibility while the new marriage lasts.

Survivor benefits for a divorced spouse follow different rules, including rules about the age at which you remarry. If either kind of benefit could matter to your retirement, check with the Social Security Administration before you marry. Our guide to Social Security benefits after divorce explains the basics.

Prenuptial Agreements for a Second Marriage

Many people who remarry want to protect assets for children from a prior marriage, a business, or property they kept in the divorce. A prenuptial agreement is a written contract that can say how property will be treated if the new marriage ends.

In South Carolina, property can be excluded from the marital estate by a valid written contract under S.C. Code § 20-3-630(A)(4). Courts generally look at whether the agreement was signed voluntarily, whether each side had independent counsel, and whether there was full financial disclosure. South Carolina courts also apply a three-part test from Hardee v. Hardee (2003), which asks about fraud, duress, mistake or nondisclosure; whether the agreement is unconscionable; and whether circumstances have changed so much that enforcement would be unfair.

Practical tips:

• Start the conversation well before the wedding, not days before.
• Exchange complete financial information, including retirement accounts and debts.
• Each person should have a separate attorney.
• Coordinate the agreement with your will and beneficiary designations.

See our page on prenuptial agreements for second marriages.

Your Name

If your decree restored a former surname under S.C. Code § 20-3-180, you may decide to take your new spouse’s name instead. A name change due to marriage is handled through your marriage certificate, and agencies such as Social Security will ask for that document. See changing your name after a divorce for the order of updates.

Estate Planning and Beneficiaries

South Carolina law (S.C. Code § 62-2-507) generally revokes provisions in favor of a former spouse in wills and similar instruments after a divorce. It does not reach most employer retirement plans governed by federal law, where the plan’s own beneficiary form usually controls. Before remarrying, review:

• Your will or trust
• Life insurance beneficiaries, keeping in mind any life insurance your decree requires you to keep for a former spouse or children
• 401(k), pension and IRA beneficiaries
• Powers of attorney and health care directives

Once you remarry, your new spouse may have rights in your estate that did not exist before. An estate plan for a blended family can address that.

Remarriage Planning Checklist

1. Confirm your divorce decree is signed and filed, and get certified copies.
2. Read your decree for alimony, life insurance and property transfer terms that are still in effect.
3. Finish any unfinished business, such as retirement division orders or deed transfers.
4. Estimate how alimony or Social Security changes affect your budget.
5. Talk with your future spouse about a prenuptial agreement early.
6. Update your estate plan and beneficiary designations.
7. Decide on your name and plan the order of record updates.

Frequently Asked Questions

How soon can I remarry after a divorce in South Carolina?

Once the final decree of divorce has been signed and filed. Until then, you are still legally married. If a post-trial motion or appeal is possible, ask your attorney about timing.

Does my alimony stop if I remarry?

Periodic, rehabilitative and reimbursement alimony end on the recipient’s remarriage under S.C. Code § 20-3-130. Lump-sum alimony survives remarriage. Check your decree, since an approved agreement may set different terms.

Does remarrying change child support?

Not by itself. The existing order continues until a court modifies it. A broader change in circumstances may support a request for modification.

Can I still get Social Security on my ex-spouse’s record if I remarry?

Generally no, while the new marriage lasts. Divorced-spouse benefits require that you be currently unmarried. Survivor benefits have different rules, so check with the Social Security Administration.

Should I get a prenup before a second marriage?

Many people do, especially to protect children from a prior marriage or a business. Each spouse should have separate counsel and full financial disclosure.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce)
• S.C. Code Title 62, Article 2 (Probate Code), § 62-2-507
• Social Security Administration: Benefits for spouses
• South Carolina Appellate Court Rules (SCACR)