(150+)According to data cited by the American Psychological Association (APA), approximately 4 in 10 U.S. marriages end in divorce—and the divorce rate for those 50 and older is rising. Following a divorce, the spouse in a better financial position may be required to pay support (alimony) to their former partner. This raises an important question: How does alimony work? The short answer is that it is a court-order financial payment that may be awarded during/after a divorce. When granted, many factors affect the duration and amount of alimony. Our Greenville alimony attorney provides a guide to how spousal support works in divorces in South Carolina.
How does Alimony Work in South Carolina? Know the Basics
Alimony (spousal support) is paid by one ex-spouse to the other following a divorce. Broadly defined, it is designed to help the recipient support themselves and maintain a standard of living similar to that enjoyed during the marriage. It is governed by state law. Under South Carolina Code § 20-3-120), there are multiple different types of spousal support, including:
- Periodic Alimony: Periodic alimony involves regular payments made from one ex-spouse to another over a set period. The term will generally depend on the length of the marriage. However, periodic alimony is subject to modification based on a change in circumstances.
- Lump Sum Alimony: Lump sum alimony is a fixed amount paid all at once or over a series of installments. With very limited exceptions, it is a non-modifiable form of spousal support. It is generally agreed upon at the time of the divorce settlement.
- Rehabilitative Alimony: Rehabilitative alimony is designed to support an ex-spouse in becoming financially independent by funding their education or training. It is typically granted for a limited time until the recipient can secure sufficient employment.
- Reimbursement Alimony: Reimbursement alimony compensates an ex-spouse for expenses incurred, such as educational costs supported during the marriage. This alimony is paid regardless of changes to the financial status of either party.
Note: It is possible for a spouse to be awarded multiple different types of alimony in South Carolina. For example, a financially disadvantaged spouse may be awarded short-term rehabilitative alimony for job training and additional periodic alimony for additional support.
Alimony is Not Guaranteed in Any Divorce Case in South Carolina
It is important to emphasize that alimony is not awarded in every divorce case in South Carolina.
Indeed, it is actually only approved in a minority of divorces. Each case is evaluated based on situation-specific factors to determine whether or not alimony is appropriate. If alimony is granted, you will need to figure out the type of support and the specific terms (amount, duration, etc.)
What is Alimony Based On in South Carolina?
Will alimony be awarded in your divorce case? Whether you are seeking alimony or you may be required to pay alimony, it is crucial that you have a general understanding of the factors that are evaluated by the courts in South Carolina. Here are key considerations in alimony cases:
- Financial Resources: A major factor in these cases, courts examine the financial condition of each spouse, including the income, employment, and earning potential.
- Standard of Living: Alimony may be used to help maintain the standard of living established during the marriage. A large gap in current/future earnings may justify alimony.
- Contributions to Family and Marriage: If one spouse has significant custody of children, it might limit their earning capacity and, as a consequence, justify an award of alimony.
- The Duration of the Marriage: The length of the marriage matters. Longer marriages often lead to higher alimony payments—especially if one spouse has been out of the workforce.
- Marital Misconduct: If there is evidence of marital misconduct—such as adultery or domestic violence—it can impact the amount and type of alimony awarded.
How Do You Get Alimony?
In South Carolina, you may be able to get alimony as part of your divorce case. To obtain alimony in South Carolina, you must first file for divorce or separate maintenance. During the process, you can request alimony by including it in your initial divorce filing. An experienced South Carolina divorce attorney can help. Your lawyer will specify the type of support you are seeking and the reasons for the request.
Remember, alimony is not guaranteed in any divorce case in South Carolina. Your spouse can counter that alimony is not warranted.
They could even potentially try to seek an alimony payment from you as part of a counterclaim. For this reason, it is crucial to provide detailed information about both your financial situation and that of your spouse—from income to assets to debts to reasonable living expenses.
Angela Elliott Frazier is a Fighter By Your Side in Alimony Cases
Ending a marriage is complicated—even if you and your spouse are both 100 percent sure that it is the right decision. There are many legal, logistical, and financial issues to resolve. Alimony is one potential example. An experienced family lawyer, our founder Angela Elliott Frazier is a fighter. She provides personalized, proactive guidance and support in divorce cases in South Carolina. We are ready to help you find the best solution. Along with other things, our Greenville alimony lawyer will:
- Hear your story and answer questions about alimony;
- Gather and prepare all relevant financial documents and records;
- Handle the divorce paperwork, including alimony-specific issues;
- Represent you in any settlement negotiations with your (former) spouse; and
- Develop a comprehensive strategy to help you get the best possible outcome.
Contact Our South Carolina Alimony Attorney Today
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our Greenville lawyer has extensive experience handling alimony cases. If you have any specific questions or concerns about how alimony works in South Carolina, we are here to help.
Contact us now for a completely confidential, no-obligation review of your case. From our Greenville law office, we provide solutions-focused divorce and family law services throughout Upstate South Carolina.
