Understanding Spousal Support

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Understanding Spousal Support (Alimony) in South Carolina

Spousal support, or alimony, is a significant factor in divorce, affecting both spouses long-term. In South Carolina, alimony is designed to support a lower-earning spouse after a marriage ends, helping them maintain a lifestyle as close as possible to what they had during the marriage. At Bannister Wyatt & Stalvey, we understand the complexities and sensitivities around spousal support and are here to help you through this process.

Types of Alimony in South Carolina

South Carolina law recognizes several types of alimony to address different needs. Understanding these options is essential for both spouses:

  1. Permanent Periodic Alimony
    Permanent periodic alimony is the most common form of support in South Carolina. Payments are made monthly and continue indefinitely until the recipient remarries, cohabitates with a romantic partner for 90+ days, or either spouse passes away. This alimony type is modifiable if significant life changes arise.\
  2. Lump-Sum Alimony
    Lump-sum alimony involves either one upfront payment or a set amount paid over time. Generally, it only terminates upon the recipient’s death.
  3. Rehabilitative Alimony
    Designed to help a lower-earning spouse gain skills or education to support themselves, rehabilitative alimony can be paid upfront or over time. This alimony ends upon remarriage, cohabitation for 90+ days, or the death of either spouse. It can also end if unforeseen events impact the recipient’s ability to become self-supporting or the payer’s ability to continue payments.
  4. Reimbursement Alimony
    Reimbursement alimony compensates one spouse for financial contributions made during the marriage, such as supporting the other spouse’s education. It terminates upon remarriage, cohabitation, or the death of either spouse and is usually not modifiable.
  5. Separate Maintenance and Support
    Awarded when spouses are legally separated but not divorced, separate maintenance and support provides financial help until the divorce is finalized. This support is modifiable if significant life changes arise.

Factors Affecting Alimony Awards

South Carolina family courts consider many factors when determining alimony, including:

  • Length of the Marriage
  • Income and Earning Capacity: The court examines both spouses’ income and future earning potential.
  • Standard of Living: The lifestyle during the marriage guides the support amount.
  • Education and Work History: A spouse’s ability to become self-sufficient influences alimony duration and type.
  • Health and Age: These can affect whether long-term support is necessary.
  • Marital Misconduct or Fault
  • Assets Awarded to Each Party
  • Tax Consequences

Modifying Alimony

Some alimony types are modifiable. Significant changes in circumstances, such as income shifts, health issues, or the remarriage of the recipient, can justify modifications to alimony agreements. Our team at Bannister Wyatt & Stalvey assists clients in seeking alimony modifications when life circumstances change.

Why You Need an Experienced Family Law Attorney

Alimony decisions can deeply impact your financial future, so it’s essential to have experienced legal representation. Our family law attorneys at Bannister Wyatt & Stalvey will advocate for your rights, whether you’re seeking alimony or defending against it. We provide the guidance you need to ensure a fair and just outcome.

Conclusion

Navigating alimony can be complex and financially significant, but you don’t have to go through it alone. The attorneys at Bannister Wyatt & Stalvey will help you understand your rights, explore options, and reach a fair resolution. If you have questions about spousal support or any family law matter, contact us today to schedule a consultation.


To schedule a consultation to discuss the specifics of your case, please call us at 864.298.0084 or click HERE to fill out our online form. Let us help you protect your financial future.

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