SC Bar Family Law 3

Question 1

Under South Carolina's alimony statute, which factor automatically terminates periodic alimony by operation of law?

Accepted Answer

Remarriage of the supported spouse

Answer

Periodic alimony terminates automatically upon the remarriage of the supported spouse or the death of either spouse.

Question 2

In South Carolina, continued cohabitation by a supported spouse with a romantic partner terminates periodic alimony after what statutory period of residing together?

Accepted Answer

Ninety or more consecutive days

Answer

S.C. Code § 20-3-150 provides that alimony ends when the supported spouse resides with another person in a romantic relationship for 90 or more consecutive days.

Question 3

Husband and Wife sign a premarital agreement in which Wife waives alimony. At divorce, Wife challenges the agreement. Under South Carolina law, the agreement will be enforced unless:

Accepted Answer

It was not entered voluntarily, was unconscionable, or was based on inadequate financial disclosure

Answer

South Carolina courts enforce premarital agreements that are voluntary, fair, and made with full financial disclosure.

Question 4

In South Carolina, a common-law marriage entered into after July 24, 2019 is:

Accepted Answer

Invalid, because the Supreme Court of South Carolina prospectively abolished common-law marriage in Stone v. Thompson

Answer

Stone v. Thompson (2019) prospectively abolished common-law marriage in South Carolina while preserving those validly formed before the decision.

Question 5

A South Carolina family court awards custody to Mother. Father later seeks a custody modification. What must Father show?

Accepted Answer

A substantial change in circumstances materially affecting the child's welfare since the prior order

Answer

Custody modification requires a substantial, material change in circumstances affecting the child's welfare, with the best interest of the child controlling.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Family Law 3