Alimony is not a given here in South Carolina, and there are several types that could be awarded in a divorce. The best way to understand whether you can get alimony is to talk with the Berkeley County, SC alimony lawyer as soon as possible. Your lawyer can help you understand the law and make a good case for why alimony is important for you.
From a Berkeley County, SC Alimony Lawyer: Grounds for Seeking Alimony in South Carolina
The courts consider all kinds of things as they decide whether to order alimony, and the “grounds” you’ll have for requesting it will depend on the unique situation of your marriage and the type of alimony you’re seeking. The law requires that judges in South Carolina family courts consider certain factors when they decide whether alimony should be given and calculate the amount.
Required Factors the Court Must Consider
The required factors the court must consider include how long the marriage lasted; how old each of you were both at the time you got married and the time you divorced; the standard of living you enjoyed as a married couple; the physical and emotional condition of both spouses; and how much money you both currently make (and your current and anticipated expenses). The court must also consider your educational background and earning potential, and whether you might need extra training or more education to achieve the same income potential as your spouse. “Income potential” means not what you’re actually making, but what you could potentially make if you were able to find a job commiserate with your education and experience and were willing to work it diligently.
Other factors the court must consider include the employment history of you and your spouse; what separate property each of you has (i.e., property that is not considered “marital” property and is thus not subject to division in the divorce); and whether one of you is the
custodial parent of a child and also whether being the primary custodian keeps you from working or prohibits you from getting full-time employment (such as if the child has a disability). The court will also consider whether one of the spouses is supporting a child from another marriage or has other alimony obligations.
Finally, the court is also required to consider and factor in whether there was any marital misconduct that led to the divorce and what the tax implications will be for both parties as they get divorced and if alimony is awarded. It’s important here to know that the law in South Carolina forbids the courts to award any alimony to a spouse who commits adultery before they have filed a permanent order of separate maintenance and support or signed a written property or marital settlement agreement.
“Other Grounds”
In addition to the required factors listed above, the law specifically gives the courts freedom to consider any other factors that may be relevant, and this is your opportunity to bring certain things to the attention of the court that may affect their decision. Talk over with your lawyer what other factors will be important to highlight as grounds to consider and which may help the court fully understand your situation and what alimony you truly need.
Types of Alimony You May Seek
Alimony Pendente Lite
This type of alimony is temporary and only awarded during the time the divorce is being settled. It’s usually awarded because one of the spouses needs immediate financial support to continue normal life while a couple works out how to divide the marital property and what the long-term situation should be. Your lawyer can help you to show that you need this type of alimony; but it will end as soon as
the divorce is finalized.
Periodic
This is what most people think of when they think of the word “alimony.” This is periodic payments made to a former spouse, usually monthly, and the intention is always for this to last only as long as the spouse receiving the support needs it to in order to become financially independent. So, for example, you might seek this sort of alimony on the grounds that you need time to get the education necessary to allow you to get a proper job that is on par with the job your spouse has.
Lump-Sum
In some cases, the judge may order the paying spouse to give their alimony in a lump sum. This can be either one lump sum or a few installments over a very short period (as opposed to the longer period of periodic alimony). You might seek a lump-sum alimony if there’s an immediate debt that needs to be paid which your ex-spouse is primarily responsible for or has more assets that can be sold to deal with, for example.
Reimbursement
Say that you spent 10 years of your life pouring yourself into your spouse’s career. You put your own life on hold to allow them to get an education, work bad jobs as they built up experience, and finally reach the point they are now. Or, perhaps you worked full-time in a job that had no future, such as in retail, to support your spouse so they could get through a medical school. The court may decide that you are owed a certain amount of money is reimbursement for what you’ve given to your spouse and can order this to be paid either in a single payment or over time.
Separate Maintenance
This is not technically alimony because the couple is not technically divorced. But if you and your spouse wish to live apart, you can sign a
separation agreement and the court may order maintenance and support to be paid, at least for a time.
Changing or Ending Alimony
If you begin a live-in romantic relationship with a new partner, after 90 consecutive days your ex spouse can ask for a review of the alimony and may be able to lower it or end it altogether. If you actually remarry, alimony will end. If you are receiving periodic alimony, you can approach the court for a change if you can demonstrate that there’s been a significant change in your circumstances. Talk to your lawyer, because this is not guaranteed, and you’ll need to make a good case for why you should have more.
When it comes to lump-sum alimony, there isn’t a way to request more here, and the alimony will end as soon as it has been fully paid. If you are being reimbursed with alimony, it ends once the debt is paid, if you remarry or cohabitate with a new partner, or if either you or your ex-spouse pass away. This type of alimony cannot be modified. Maintenance and support in a separation without divorce can be modified if you’ve had a change in your circumstances and ends if you marry, move in with a new romantic partner, or either you or your ex-spouse pass away.
