Divorce: Alimony

South Carolina Divorce: Alimony

There are several types of alimony in South Carolina, including rehabilitative alimony, lump sum alimony and permanent alimony. Rehabilitative alimony is paid for a certain number of years. There’s also lump sum alimony, which can be paid all at once, or through a series of payments. Permanent periodic alimony, which experts say is the most common type of alimony awarded in South Carolina, has to be paid until either person died, or the person getting paid remarries or lives with someone for at least three months.

How is alimony calculated in South Carolina?

Unlike the calculations of child support, alimony is guided by considerations rather than a calculation. The exact wording from the South Carolina Statue § 20-3-130. Award of alimony and other allowances.

In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate to all of the following factors:

(1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties;
(2) the physical and emotional condition of each spouse;
(3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse’s income potential;
(4) the employment history and earning potential of each spouse;
(5) the standard of living established during the marriage;
(6) the current and reasonably anticipated earnings of both spouses;
(7) the current and reasonably anticipated expenses and needs of both spouses;
(8) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action;
(9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature;
(10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;
(11) the tax consequences to each party as a result of the particular form of support awarded;
(12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and
(13) such other factors the court considers relevant.

In South Carolina divorces, alimony has received major attention. You need an experienced attorney that knows the state law and who will help you get what is most important to you. Attorney Ryan Stampfle knows the Horry County and Georgetown County courts. He will guide you through your divorce and alimony. Unlike child support, which has specific calculation guidelines, your alimony is decided at the Judges’ discretion. Having your ‘ducks in a line’ and the right attorney will help you receive the right amount of alimony.