In any modern divorce case handled by a divorce lawyer in Greenville, SC, alimony is one of the most important things to understand. Alimony is a court-ordered payment or series of payments made by one former spouse to the other in order to provide financial support. It is generally awarded in cases where one spouse was the primary financial supporter of the household. The other spouse may have more limited earning potential and is thus entitled to additional financial support from the ex-spouse following the dissolution of the marriage.
There are several different kinds of alimony in the state of South Carolina, and it is important for any couple going through a divorce to understand how they all work. You should consult with your divorce lawyer in Greenville, South Carolina for details specific to your own situation, but this article will include a general overview of the three primary types of alimony: temporary, permanent, and rehabilitative.
Talk to Your Greenville, SC Divorce Attorney About the Validity of Your Marriage
Before we discuss the different types of alimony, it is best to begin by discussing whether a spouse is eligible for alimony following a divorce. This depends on several factors, and the most important has nothing to do with which partner made more money. Rather, the most important factor in a marriage is whether the marriage was legal, to begin with. This isn’t a question about whether you were married in a church, a courtroom, or a roadside chapel – instead, the idea in question here is one of annulment.
An annulment is a legal process, usually also handled by a divorce attorney in Greenville, SC, by which a marriage is permanently invalidated – as if it never happened. Essentially, the couple involved file paperwork requesting that a court states that the marriage was never valid, to begin with. In this case, the parties involved may simply go their separate ways, without any further interference from the court system. However, since spousal support is specifically intended to replace income gained from marriage, in the case of annulment, there can be no alimony at all.
Fighting to get spousal support payments can be a difficult and complex process, and that is why we urge you to contact a divorce attorney in Greenville, SC as soon as possible to make sure you receive a fair agreement.
In certain cases, divorce proceedings can take quite a while, which can leave one spouse with significant financial difficulty if they do not get the support they need. In these cases, the courts may find that it is appropriate to award alimony pendente lite, which is a kind of alimony which is only intended to last for the duration of proceedings. With the help of a divorce lawyer in Greenville, SC, these payments may transition to another form of alimony later, or they may end when the divorce is final. Which situation applies to you depends on your particular circumstances.
In certain cases, one partner in a marriage may give up a potentially lucrative career in order to pursue a relationship. In some cases, a partner in a marriage may already have a lucrative job, and leave it in order to maintain a marriage. In either of these cases, that partner’s Greenville, SC divorce attorney may argue for rehabilitative alimony to be awarded while that spouse goes through the process of re-entering the workforce. This form of alimony can be more or less a direct successor to temporary alimony.
Permanent spousal support can be awarded after the finalization of a divorce, and it can take one of many forms. While a divorce lawyer in Greenville SC will be able to give you more specific advice, some of the forms that this type of alimony can take include payment for services, regular weekly or monthly payments, annuity awards, payments in trust, or lump-sum settlements.
Consult with a Greenville Divorce Attorney About Your Legal Options Today
The journey of divorce is difficult and painful and made even more so by the idea of losing the financial support that you depend on. For a spouse that has been out of the workforce for a period of time due to parenting, illness, or other situations, alimony is necessary to ensure that you can continue to survive. In order to get the payments that you need, it is important to have experienced legal representation like the divorce lawyers in Greenville, South Carolina at Elliott Frazier Law.
Angela Elliot Frazier is a Family Law Attorney who practices in Greenville, SC. She graduated from the University of South Carolina School of Law, and has been practicing law for 14 years now. Angela Frazier believes in helping you through one of the most stressful times of your life. Learn more about her experience by clicking here.