Know your options for paying or seeking alimony in South Carolina.
In many cases, one spouse may be required to make payments to the other spouse in addition to other financial obligations, such as child support or the division of the marital debts. There are many factors that the Court must consider in determining whether or not to award alimony and in what type and amount.
When alimony is awarded, it oftentimes involves the more financially secure spouse paying alimony to the spouse that is less advantaged. Sometimes, it is done as a temporary measure to help the other spouse get on their feet following a separation. Length of the marriage is one of the key factors in determining the amount and the duration of support. Other factors include the income and assets of each spouse, along with his/her age, education, and prior work experience. The process is very subjective and South Carolina does not follow any particular formula in calculating alimony. Though the amount can vary wildly, if payments are awarded, the paying spouse could have to pay a significant amount of their income to the other spouse for a number of years.
To make matters more complicated, there are several different types of alimony in South Carolina, including permanent periodic, rehabilitative, and lump sum alimony. These types of spousal support all have different characteristics, and it is sometimes possible to receive more than one type of alimony in the same case.
Certain circumstances can prevent a spouse from receiving any alimony or may terminate certain types of alimony prematurely. For instance, a spouse who commits adultery may be prohibited from receiving any alimony, and remarriage or cohabitation with a lover may be grounds to terminate an existing alimony obligation. Again, every situation is unique and should be looked at thoroughly by an experienced attorney.
The attorneys at The Stevens Firm can help you understand the options available to you if you are seeking or paying alimony or other spousal support. Call us to schedule a consultation to learn more about South Carolina alimony laws and to discuss your case.