Understanding South Carolina Divorce Factors and Spousal Support
Divorce can be one of the most emotionally draining experiences a person can go through. Whether it be due to infidelity, incompatibility or any other reasons, it is a stressful time for both parties involved. If you’re looking to file for divorce in South Carolina, you might be interested in knowing what factors the court will consider before making a ruling, and more importantly, how spousal support is calculated. In this post, we will delve into various factors the court considers during a divorce, how spousal support is calculated, what happens if you are unable to pay and the different options you have if your ex refuses to pay.
Factors A Court Will Consider During A South Carolina Divorce
South Carolina courts will consider a variety of factors before making a decision in regards to divorce. The court will consider the length of the marriage, the physical and emotional health of both parties, each spouse’s earning capacity, and the standard of living established during the marriage. Other factors to be considered include the age and the education of the parties as well as the presence of children involved in the divorce. It’s important to note that South Carolina is a “no-fault” state, meaning that neither party is required to prove that the other is at fault in order to file for divorce.
How Is Spousal Support Calculated In South Carolina
Spousal support, also known as alimony, is financial support given to one spouse by the other after a divorce. In South Carolina, spousal support is calculated based on several factors, including the length of the marriage, both parties’ income and earning capacity, and the standard of living established during the marriage. The court will also consider the age and education of the parties involved. The duration of the alimony is dependent on the length of the marriage, with shorter marriages typically resulting in less alimony and longer marriages resulting in more.
What Happens If I Am Unable To Pay Spousal Support
If you are unable to pay spousal support, you must notify the court immediately. Failure to pay spousal support can result in serious consequences, such as wage garnishments or even imprisonment. However, if you are facing financial difficulties, you may be able to request a modification of the support order.
What Are My Options If My Ex Refuses To Pay Spousal Support
If your ex-spouse refuses to pay spousal support, your first step should be to contact your attorney. Your attorney can help you file a petition with the court to enforce the support order. The court can then take various actions, including wage garnishments or even imprisonment, to ensure that your ex-spouse fulfills their obligations.
How Isaacs & Alley LLC Can Assist You In Your Divorce Matter
At Isaacs & Alley LLC, we understand that going through a divorce can be an emotionally charged experience. Our team of experienced attorneys is committed to helping those seeking divorce in South Carolina navigate through the legal system with ease. We can help you understand the factors the court will consider during your divorce and help you fight to ensure you receive fair spousal support.
Going through a divorce in South Carolina can be a difficult task. However, understanding the factors that the court will consider during the divorce and how spousal support is calculated can be extremely helpful. If you are facing difficulties paying spousal support or your ex-spouse has refused to pay, know that there are different options available. Contact us at Isaacs & Alley LLC, and let our team of attorneys assist you with your divorce matters.