Suit Money and Temporary Attorney Fees in South Carolina Divorce

What Suit Money Is and Why It Exists

South Carolina recognizes that divorcing spouses often have dramatically different access to financial resources. One spouse controls the income, the bank accounts, and the credit cards. The other spouse needs money to hire an attorney — but the marital funds are locked up. Suit money is the court's answer to this imbalance.

Under South Carolina case law, the Family Court has equitable authority to order one spouse to pay a portion of the other's attorney fees and litigation costs during the pendency of the case. The purpose is to level the playing field so that both parties can participate meaningfully in the legal process.

Suit money is distinct from a final attorney fee award at the end of the case. It's temporary, designed to cover the immediate cost of representation during the discovery, temporary hearings, and mediation phases — before the final property division makes more resources available.

Who Qualifies for Temporary Attorney Fees

The requesting spouse must demonstrate two things: a financial need for the funds and the other spouse's ability to pay. The court looks at each party's income, access to liquid assets, and current financial obligations.

A stay-at-home parent with no independent income and no access to marital accounts is the clearest candidate. But suit money isn't limited to zero-income spouses. A spouse earning $40,000 who's up against a spouse earning $180,000 — with the higher earner having already retained a prominent family law firm — may also receive a temporary fee award.

If both spouses have roughly equal access to resources, or if the requesting spouse has sufficient separate assets to fund their own representation, a suit-money request is less likely to succeed.

How to Request It

Suit money is requested through a Motion for Temporary Relief, heard at a Rule 21 temporary hearing. The motion should include:

• A completed SCCA 430 Financial Declaration showing your income, expenses, assets, and debts
• Documentation of your spouse's income and financial resources (to the extent you have it)
• An affidavit from your attorney detailing their hourly rate, estimated total fees, and the retainer required
• Any evidence of financial disparity — pay stubs, tax returns, account statements

The temporary hearing occurs 21–45 days after the request for hearing is filed or submitted to the Clerk. The filing fee for the motion is $25.

What Courts Typically Award

South Carolina judges have broad discretion in setting suit money amounts. The amount depends on the case and the parties' resources. The court considers:

• The complexity of the case (a simple uncontested divorce requires far less legal work than a contested matter with business interests)
• The reasonableness of the requesting attorney's fees relative to the local market
• The financial disparity between the parties
• Whether the requesting spouse has access to credit or other funding sources

Courts can also award temporary fees in stages — an initial retainer amount with the option to return for additional fees if the case extends beyond the initial scope.

The Fixed Court Costs Everyone Pays

Regardless of the suit money question, certain court costs are fixed statewide:

• Filing fee: $150 (paid by the plaintiff when filing the Summons and Complaint)
• Motion fee: $25 per motion (for temporary relief, motions to compel, etc.)
• Service of process: $30–$100 depending on the county sheriff's fee schedule; certified private process servers may charge more
• Final hearing fee: $25

The statewide amounts are set by statute and court schedules. Confirm the current schedule and any local technology or convenience fees with the Clerk of Court.

Final Attorney Fee Awards Are a Separate Issue

At the conclusion of the divorce, the court can order one spouse to contribute to the other's total attorney fees as part of the final order. The court considers factors such as the parties' financial resources, ability to pay, the reasonableness of the fees, and the beneficial results achieved. A final fee award can be substantially larger than the temporary suit money, especially if one spouse's conduct (hiding assets, refusing to cooperate with discovery, filing frivolous motions) drove up the other's legal costs.

The South Carolina Divorce Financial Split & Asset Division Guide helps you build the financial documentation that supports a suit money request — including your SCCA 430 preparation and a clear comparison of each spouse's resources.

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