If your marriage is ending, many questions and fears will arise. One may be how you will financially care for yourself after the divorce if you have been relying on your spouse’s income during your marriage or you make significantly less than they do.
Alimony is court-ordered financial support or maintenance that one spouse must pay to the other during and/or after the divorce. South Carolina courts do not award alimony in all divorces, however. For the court to award you alimony, you will have to show evidence of financial need. There are also several other factors the court will consider when awarding spousal support.
How Do You Request Alimony?
A request for alimony, or spousal support, is generally done as part of your divorce proceedings. Unlike child support, however, there is no guarantee you will be awarded support, and there is no formula for calculating it. The court has broad discretion when awarding spousal support, and because every situation is different, alimony awards can vary significantly depending on the circumstances of each case.
To make these decisions, the court requires both spouses to submit detailed financial disclosures reflecting their income, assets, liabilities, and expenses. Furthermore, it will consider many other factors to determine eligibility and the amount of support.
These factors will include:
- The duration of the marriage – Alimony is more likely to be awarded in longer marriages.
- Both spouses’ physical and mental health – This factor helps determine each party’s healthcare needs and requirements.
- Both spouses’ educational background – This factor will be important in determining each party’s earning potential.
- Both spouses’ employment history and future earning potential – This factor is one of the most central in determining whether a spouse will require alimony, what duration, and in what amount.
- Both spouses’ current and anticipated earnings and expenses – This factor allows the court to better understand both spouses’ financial needs and responsibilities. If both are equally capable of self-sufficiency, alimony is rarely needed.
- The standard of living you maintained while you were married – Alimony may be awarded to ensure the lower-earning spouse can still enjoy a similar lifestyle after the divorce.
- Your custody arrangement – Depending on their ages and abilities, children may need a higher level of care. The court may consider alimony when a custodial parent must stay home with young children or only work on a limited basis.
- Both spouses’ marital and non-marital property – What each spouse owns may be a consideration of their individual wealth.
- Any marital misconduct or “fault” – The court will consider whether any marital misconduct, such as adultery or cruelty, contributed to the marital breakdown and their economic circumstances.
- Tax consequences – Under current tax law, spousal support is not taxable for the recipient nor tax deductible for the payer. The court must consider how this affects both spouses tax-wise.
- Other support obligations of either spouse – The court will also consider if either spouse is paying or receiving support from a prior marriage.
- Other factors the court may find relevant
These factors allow the court to assess the financial situation of both spouses and determine whether an award of alimony is warranted.
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What Types of Alimony are Available in South Carolina?
In South Carolina, different types of alimony exist to address specific needs. Understanding these can help you determine whether you may be eligible for support under certain circumstances.
Permanent Periodic Alimony
The most common type of alimony, this is monthly support paid indefinitely when there is a significant disparity in the spouses’ financial situation and one spouse cannot become self-sufficient. This type of alimony will cease when the recipient spouse remarries, cohabitates with a new partner, or if one party passes away.
Rehabilitative Alimony
Rehabilitative alimony is awarded short-term allowing the recipient spouse time to gain new skills or additional education to become self-supporting. It is commonly awarded when one spouse has been out of the workforce for some time or may need to finish a degree or other training to become financially independent.
Lump Sum Alimony
As the name suggests, lump-sum alimony is a one-time payment or series of payments from one spouse to the other. Lump-sum alimony is often awarded to one spouse in lieu of a property settlement. The amount and terms of payment are fixed and cannot be modified or terminated after the divorce is final.
Reimbursement Alimony
Reimbursement alimony can be awarded when one spouse has made sacrifices to benefit the other spouse and the marriage. These sacrifices do not have to be financial in nature. It could be “reimbursement” for the time and energy spent caring for children or the household.
Separate Maintenance and Support
Separate maintenance and support is similar to periodic alimony but serves as temporary support for couples who are living separately and not yet divorced. It is often used when couples intend to remain separated for an extended period of time while their divorce is pending.
How Does Alimony Get Modified or Terminated?
In some cases, alimony can be modified or terminated after a divorce is finalized under certain conditions.
Generally, alimony will be terminated if
- The recipient spouse has remarried
- The recipient spouse has entered into cohabitation with another party in a romantic relationship for more than 90 consecutive days
- The death of either the paying or receiving spouse
Alimony may be modified based on a significant change in circumstances. For example, a decline in the payer’s income or the recipient gaining well-paid employment may be a basis for an adjustment of alimony payments. However, for alimony modification to be enforceable, it must be court-ordered.
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The Importance of Having Skilled Legal Representation When You are Seeking Alimony
Having an experienced South Carolina family law attorney by your side can be invaluable when seeking alimony. Your attorney understands what the courts are looking for and can evaluate whether you will likely be eligible for support. If so, your attorney can help you gather the appropriate documentation evidence and build a strong case to demonstrate your financial need.
If you are attempting to negotiate alimony with your spouse, your attorney can handle these negotiations on your behalf and ensure any agreement provides adequate financial support for your future. If negotiations fail or your spouse contests the support, your attorney will represent you in court, ensuring your case is presented in the best light possible. Having legal representation ensures your rights are protected and will significantly improve your chances of securing alimony and ensuring financial safety after your divorce
Whether you need rehabilitative alimony to get back on your financial feet or permanent periodic alimony for long-term support, understanding your rights and the court’s requirements will be essential to your success. At Melone Hatley, P.C., we are your dedicated partners throughout your divorce process and beyond. Contact us to schedule a free consultation to understand your legal rights and options.
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