Greenville alimony lawyer J. Michael Turner, Jr. can represent you in a family law proceeding that involves alimony. Work with an experienced lawyer who will protect your legal rights and pursue your interests. Contact Turner Family Law today to speak with an experienced Greenville divorce lawyer.
Lawyer Handling Alimony Cases in Greenville, SC
Michael Turner can represent you if you need legal help regarding alimony. He may assist you with:
- Seeking alimony as part of a divorce judgment
- Responding to a spouse’s demand for alimony
- Understanding what amount of alimony the court may award and why – What are you likely to receive or pay in alimony?
- Building the case for why a certain amount of alimony is appropriate, or why the court should deny the request outright
- Enforcing a court order for alimony that has gone unpaid
- Temporary alimony while your divorce is pending
- Negotiating alimony as part of an overall resolution of your case
- Proving or refuting marital misconduct that may impact a determination
- Ensuring that you understand how alimony works including the tax consequences for the payer and recipient
- Modifying alimony if circumstances have changed, responding to a request for modification
Alimony may be an important question at multiple stages. It may be an issue that begins immediately when a party asks for pendente lite payments when first separated. It may be a part of a final judgment. Modification may be an issue long after there is a judgment or settlement. Whatever your circumstances, we can assist you in pursuing your legal goals.
Understanding Alimony in South Carolina
Alimony is money that one spouse pays to the other when they separate or divorce. Alimony is also called spousal support.
What is the purpose of alimony?
Alimony serves several purposes, like ensuring that a spouse can support themselves after separation or divorce. It may assist a spouse in maintaining their standard of living and give them time to become self-supporting.
Who can ask for alimony?
Either spouse can ask for alimony as part of a divorce proceeding.
Types of Alimony
Just like there are multiple reasons that a court may award alimony, there are multiple types of alimony. S.C. Code § 20-3-130 lists the different types of alimony that a court may consider:
- Periodic: The payer makes payments at regular intervals. Periodic alimony is generally modifiable when circumstances change including the remarriage or cohabitation of the recipient. If you are paying or receiving periodic alimony, usually, you may request to have the amount reviewed.
- Lump sum: A lump sum award is a finite amount that does not change even if circumstances change. It may be a single payment or paid in installments.
- Rehabilitative: When alimony is rehabilitative, the purpose is to help the spouse with job training or education. The spouse in receipt of this type of alimony may be required to do things like work or attend school. Generally, rehabilitative support ends with remarriage or cohabitation of the spouse who is receiving the alimony payments.
- Reimbursement: A reimbursement award pays a spouse a fair amount based on events or circumstances that occurred during the marriage. Supporting a spouse while they earned a degree may be an example of when reimbursement alimony is awarded.
- Separate maintenance: If spouses do not wish to divorce but want to live separately, alimony may be awarded when circumstances warrant it.
- Other alimony: There may be other circumstances and types of alimony based on what is appropriate for the case.
Remarriage or cohabitation is commonly grounds to terminate alimony. Typically, cohabitation is residing with a person in a romantic relationship for 90 days or more. The court may make an exception if the spouse takes steps to technically avoid living together for 90 days.
How is alimony determined in South Carolina?
In South Carolina, alimony is determined by the amount that is “appropriate.” It is unique to the facts of the case. What qualifies for alimony depends on many factors. The court may give each factor the weight that it thinks is appropriate.
Alimony Factors in South Carolina
- Duration of the marriage, ages of the parties when married, and when separated
- The physical and emotional health of each spouse
- Education and any need for education of each spouse
- Employment and earning potential, likely income
- Standard of living during the marriage
- Anticipated expenses
- Property of each spouse including what is awarded in legal proceedings
- Custody of children, especially if it prevents a custodian from working or limits their work
- Marital misconduct or fault
- Tax liabilities for either party
- Other support obligations from a previous spouse
- Any other relevant factors
There is no one factor that qualifies you for alimony in South Carolina. The longer the marriage, the greater the income disparity of the parties when separated, and extraordinary need are all factors that may make an award more likely.
Does adultery make a difference in alimony?
Yes. If a party commits adultery before signing a marital settlement agreement or before an order is entered by the court, they may not receive alimony.
Can attorney fees be awarded for seeking alimony?
Yes, the court may order a spouse to pay the other spouse’s reasonable attorney fees and other expenses in an action for divorce including alimony.
Is lifetime alimony awarded in South Carolina?
Yes, alimony can last for a lifetime in South Carolina. The circumstances must be appropriate for a lifetime award, and the court may order that a periodic award can be modified in the future if the circumstances change.
Experienced Lawyer Handling Alimony in Greenville, SC
Determining the correct amount of alimony may be one of the most important parts of your divorce or separation. If alimony has already been awarded, you may need to approach the court to change the order or to enforce the collection of your payments. Whatever your needs, Greenville, SC alimony lawyer Michael Turner can assist you.
Turner Family Law is a law practice devoted to helping people in family court. We evaluate the circumstances in your case and give you honest advice. Michael Turner is your sounding board and advocates to protect your rights in court. Early on you will see how hard he will work for you.
Initial Consultations – Talk to a Lawyer Now
We are currently taking new cases. For an initial consultation with Greenville alimony lawyer Michael Turner, contact us today. Get answers to your questions and start your case. We look forward to working with you.