South Carolina Alimony and Spousal Support Lawyer
Financial stability following a divorce is crucial. South Carolina courts may award alimony, also known as spousal support, to the lower-earning spouse following a divorce. The support may be temporary or permanent, and many factors are taken into consideration when determining a spouse’s eligibility.
At Isaacs & Alley, LLC, our South Carolina alimony and spousal support lawyer has successfully assisted numerous clients in receiving the financial assistance needed. Let us help you obtain financial security during this unsettling time.
What is Alimony?
Alimony is a financial payment that a higher-earning spouse will pay the other spouse following divorce. Alimony is not granted in every divorce. A judge is more likely to order alimony in lengthier marriages and if there is an unequal earning potential between the spouses.
Alimony payments are typically paid in periodic payments. Payments will usually last a certain amount of time, with a termination date set by the court. However, there are times when alimony is awarded in a lump sum. In these situations, the payment cannot be modified, even if either spouse’s financial situation changes.
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South Carolina courts examine 13 factors in determining if a spouse will be granted alimony:
- The length of the marriage and the ages of both parties at the time of marriage and their ages at the time of divorce
- Each spouse’s physical and emotional condition
- Each spouse’s educational background and what training is needed for each spouse to earn their fullest income potential
- Each spouse’s work history and ability to support themselves
- The standard of living established during the marriage
- Each spouse’s current and anticipated income
- Each spouse’s living expenses and anticipated needs
- Marital and nonmarital property owned by each spouse
- Each spouse’s custody arrangements
- Marital misconduct of either spouse (adultery)
- The tax consequences of alimony payments to each spouse
- Any support obligations from a previous marriage
- Any other factors the court considers to be relevant
Types of Alimony
South Carolina courts may award the following types of alimony:
Alimony Pendente Lite
Latin for “pending the litigation,” pendente lite alimony is awarded during the divorce proceedings, terminating once the divorce is finalized.
Periodic Alimony
Payment of alimony on a continuous basis (usually monthly). The payment will be reviewed and revised by the court if circumstances change. Periodic alimony will terminate in the event of any of the following: (1) the supported spouse becomes financially independent, (2) the supported spouse remarries or moves in with a new partner, or (3) either spouse dies.
Lump-Sum Alimony
Lump-sum alimony is a finite sum that may be paid all at once or in periodic installations. The amount for lump-sum alimony is not affected by a spouse remarrying, cohabitating with a partner, or any change in circumstances. Lump-sum alimony cannot be modified but will terminate upon the supported spouse’s death.
Rehabilitative Alimony
Designed to support a spouse once he or she receives the necessary training or education to become financially independent, rehabilitative alimony may be paid in one sum or periodically. This type of alimony will terminate upon the supported spouse’s remarriage, death, or a specified event occurring in the future.
Reimbursement Alimony
This type of alimony could be a lump sum payment or made in periodic installations. Reimbursement alimony is intended to reimburse the supported spouse for any financial contributions or time that was sacrificed during the marriage to help the paying spouse pursue a career.
Place Your Trust in Our Hands
At Isaacs & Alley, LLC, we understand that you devoted your life to raising your family. If you are facing divorce, there is no shame in requiring financial support to help you move forward. To learn how our South Carolina alimony and spousal support lawyer can help you, feel free to contact us by online or by phone. We offer free case evaluations.