Divorce involves complicated yet critical financial considerations, and alimony is often one of the most misunderstood aspects of the process. If you’re facing divorce in South Carolina, understanding how alimony works can help you prepare for what lies ahead and protect your financial future.
At Turner Family Law, our experienced alimony lawyers in Greenville help clients address these issues with clarity and confidence. Contact us today for a consultation about our divorce services.
What Is Alimony?
Alimony, also called spousal support or maintenance, is a court-ordered payment from one spouse to another following separation or divorce. Alimony aims to help the lower-earning or non-earning spouse maintain their standard of living and to provide financial support during the transition to financial independence.
Unlike child support, which follows specific guidelines based on income, alimony in South Carolina is determined on a case-by-case basis, giving judges considerable discretion in awarding support. Either spouse can request alimony, though they must demonstrate their eligibility for such support for alimony to be granted by a court.
Types of Alimony in South Carolina
South Carolina law recognizes several types of alimony. Periodic alimony is the most common form, involving regular payments (usually monthly) for a specified duration or until certain conditions are met, such as remarriage or cohabitation. Separate maintenance and support is temporary support ordered while spouses are separated but not yet divorced.
Lump-sum alimony involves a one-time payment or property transfer instead of ongoing payments. This type cannot be modified once ordered. Reimbursement alimony compensates a spouse who supported the other through education or career advancement, essentially reimbursing their investment in the other spouse’s earning capacity.
Our divorce attorneys can advise what type of alimony you might qualify for, if applicable to your case.
What Is Alimony Based On?
When determining whether to award alimony and how much to grant, South Carolina courts consider numerous factors outlined in state law. Understanding what alimony is based on can help you anticipate potential outcomes in your case.
Key factors include:
- Duration of the Marriage: Longer marriages typically result in stronger alimony claims, as spouses have become more financially interdependent over time.
- Physical and Emotional Health: The age and health of both parties affect their ability to earn income and support themselves.
- Educational Background: The education level of each spouse and the time needed for the requesting spouse to acquire sufficient education or training to find appropriate employment matters significantly.
- Employment History and Earning Potential: Courts examine the employment history, current income, and earning capacity of both spouses, including whether one spouse sacrificed career opportunities for the family.
- Standard of Living: The lifestyle established during the marriage serves as a benchmark for determining appropriate support levels.
- Financial Resources: All assets, debts, and separate property of each spouse are considered, including retirement accounts and investments.
- Custody Arrangements: If one spouse has primary custody of children, particularly young children, this may affect their ability to work full-time and therefore impact alimony decisions.
- Marital Misconduct: South Carolina is one of the few states where fault matters. Adultery, physical cruelty, habitual drunkenness, or desertion can affect alimony awards, potentially barring an at-fault spouse from receiving support.
- Contributions to the Marriage: Non-financial contributions, such as homemaking and childcare, are valued alongside financial contributions.
How Do You Get Alimony?
Getting alimony in South Carolina requires formally requesting it during your divorce proceedings. First, you must specifically ask for alimony in your divorce complaint or answer. Failing to request it initially may prevent you from seeking it later.
Both parties must complete financial declarations detailing income, expenses, assets, and debts. Complete and accurate financial disclosure is essential. Once information is exchanged, many alimony arrangements are reached through negotiation rather than trial. Working with an experienced attorney can help you negotiate favorable terms without the uncertainty and stress of a court decision.
If you cannot reach an agreement, however, the court will hold a hearing where both sides present evidence about their financial circumstances, needs, and the factors affecting alimony. To successfully get alimony, you will need to show that you have a financial need for support and that your spouse has the ability to pay while still meeting their own reasonable needs.
How Long Does Alimony Last?
The duration of alimony varies based on the circumstances. Periodic alimony typically continues until the recipient remarries, begins cohabitating in a romantic relationship, either party dies, or a specific end date established by the court is reached. In some cases, periodic alimony may be modifiable if circumstances substantially change.
Contact Our South Carolina Alimony Attorneys for a Consultation
Understanding how alimony works in South Carolina is important for protecting your financial future during divorce. At Turner Family Law, we provide personalized guidance tailored to your circumstances, helping you pursue a fair resolution to any alimony requests. Our divorce lawyers can seek fair alimony to support you or ensure you do not receive an unfair alimony order for your spouse.
Whether you’re seeking alimony or defending against an unreasonable request, having experienced legal representation is imperative. Contact Turner Family Law today to schedule a consultation and discuss your alimony concerns with a knowledgeable Greenville alimony attorney.
