(150+)Divorce is one of the most life-changing events anyone can experience – but you might be surprised at how quickly things continue to change even after your marriage ends. As a result of new changes, it may be necessary to modify various agreements and court orders associated with your divorce.
One example is alimony, otherwise known as “spousal support” or simply “maintenance.” When might alimony change in South Carolina? When might you be required to pay more — or less — alimony to your ex? Could you petition to receive higher spousal support payments? These are all valid questions, and you can ask them during a consultation with an experienced South Carolina alimony lawyer.
What Is the Purpose of Alimony in South Carolina?
In order to understand whether alimony may be modified, you first need to understand the underlying purpose of these payments. In simple terms, alimony is designed to help spouses get back on their feet. Normally, it is reserved for spouses who have two key attributes:
- They will struggle to earn income after the divorce
- They were financially dependent on their ex during marriage
The classic example is a stay-at-home parent or homemaker who did not work during the marriage – instead focusing on daily chores and childcare tasks. Despite this individual not contributing financially to the family, their non-economic contributions still have value. In many situations, a high-earning primary breadwinner would not have been able to succeed in their career without the help of a stay-at-home parent or homemaker.
However, there are many other examples to consider. Disabled spouses may need financial support, whether they struggle with mental or physical impairments. These disabilities may stem from car accidents, dementia, or disease. Another example of a dependent spouse is a senior citizen who is too old to re-enter the job market.
When Can I End My Alimony in South Carolina?
You may attempt to modify your alimony in South Carolina at any time. However, you will only be successful if you can demonstrate that there has been a substantial change in circumstances.
Although this phrase might sound complicated, it is quite simple. A “change in circumstance” is a major life change — and it usually affects the finances of the spouses. Although alimony court orders are not “written in stone,” you cannot modify them on a whim.
Some spouses might attempt to modify alimony after getting fired. For example, you might be terminated from your high-paying position at a major tech company. Suddenly, your income might be much lower – and your existing alimony payments may seem burdensome. However, it is important to remember that getting fired is not a valid excuse to end your alimony payments. In order for your termination to have any effect on spousal support, it must be permanent. In other words, your current job must be completely unviable in the future.
For example, the career you have trained for years might have become obsolete due to AI, robotics, or some other kind of technological shift throughout society. Even then, you’d probably fail to completely end your alimony payments. After all, the court could simply ask why you’re not taking a minimum-wage job.
Spouses tend to have more success when ending alimony after retirement. Family courts generally recognize that a person should not have work until death simply because they got divorced. That being said, this all depends on your age and your family circumstances. Although “retirement age” is generally around 65, the “normal” retirement age depends on your specific profession.
For example, it is not uncommon for accountants to work well into their 70s and 80s – probably because of the non-physical nature of their work. In contrast, firefighters retire much earlier than most workers in the United States. If you’re not sure whether you have reached normal retirement age according to your specific career path, speak with an experienced lawyer.
You cannot simply retire early in your 30s and stop paying alimony. Even if you’re wealthy enough to spend the rest of your life relaxing, the court is aware of these tactics. They will likely “impute” your income — which means that your alimony payments will continue based on what you are capable of earning and not what you actually earn.
One of the most reliable ways to stop your alimony payments is by highlighting a career-ending disability. If you have sufficient medical records, there is no real way to force you back to work — and the court will likely have no other choice but to end your alimony obligations.
Can My Ex Stop Paying Alimony?
Your alimony payments might stop if your life changes in certain ways after the divorce. Perhaps the most obvious example is “cohabitation,” which essentially means “living with a new romantic partner.” Remember, the whole point of alimony is to support a spouse who cannot support themselves. If someone else steps in and starts offering that type of financial support, alimony becomes unnecessary. If your ex can prove you moved in and became financially entwined with a partner or new spouse, they can stop paying alimony.
Your ex might also stop paying alimony if you start generating new forms of income. Although the classic example is a new job, you might also inherit considerable sums from a family member.
Family courts virtually consider all forms of income — whether you’re earning it as an online content creator, making crypto investments, or anything else. If you can support yourself financially, there is no longer any need for alimony.
Can a South Carolina Family Law Attorney Help Me Modify Alimony?
A family law attorney in South Carolina may be able to help you modify your alimony agreement.
However, the chances of this happening depend entirely on your specific circumstances. No amount of research will provide you with targeted guidance in the same way as an experienced lawyer. For real legal action, speak with an experienced family lawyer. Choose Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC — and schedule a consultation today.
