Charleston Alimony Lawyers
Alimony, also known as spousal maintenance or spousal support, may or may not be awarded in a South Carolina divorce. Spouses who believe they need or deserve this financial support during or after the divorce process must request it from the court. Judges have wide discretion in deciding whether alimony is warranted and, if so, its amount and duration. Many factors will be reviewed in making this determination.
At Seibert Law Firm, our legal team represents individuals seeking and contesting alimony in divorce and those involved in post-divorce alimony issues. Our family law attorneys provide focused attention and work closely with you to formulate effective plans of action to help you achieve optimal outcomes. We have been helping clients throughout the Lowcountry since 2009.
South Carolina Alimony
The matter of alimony is covered in Section 20-3-120 and Section 20-3-130 of South Carolina law. The state has established various types of alimony that are used for different purposes in divorce. These include:
- Pendente lite alimony. This is temporary support that is provided to a spouse while the divorce is pending and matters of marital property distribution and other financial aspects are settled.
- Periodic alimony. These are usually short-term monthly payments meant to provide support until the recipient can become financially independent.
- Lump-sum alimony. This is generally a full payment of the court-determined amount made to the recipient or made in short-term installments.
- Rehabilitative alimony. This is designed to give the recipient the financial support needed to secure education or job training for employment purposes. Courts decide the duration and the recipient must show good faith in making an effort to become self-supporting.
- Reimbursement alimony. This allows a spouse to recover the funds he/she supplied to enable the other spouse to obtain career-advancing education or training. For example, if a spouse worked to put the other through engineering school, he or she may be awarded a lump sum or installments to recoup what was spent.
- Separate maintenance. This is financial support supplied to a spouse when the couple is living separately and apart but they have not divorced.
Factors That Affect Alimony
Judges will look at many aspects of the marriage as well as the financial resources of both parties when making an alimony determination.
These factors can include:
- The standard of living and lifestyle enjoyed by the potential recipient during the marriage
- The work history and earning potentials of the parties
- How marital property awards will affect each party’s financial state
- Custodial issues, such as if a spouse must remain at home to care for small children
- Marital fault, such as if a spouse squandered marital assets without the other’s knowledge, committed adultery, and other issues
Alimony is determined on a case-by-case basis with the type, amount, and duration left up to the discretion of the judge.
We Can Help with Your Alimony Matter
If you need representation before the court in an alimony matter, our team can provide the experienced and dedicated representation you need. Whether your case involves a pending divorce, a need to enforce alimony payments when delinquent, or a need to modify or terminate payments, our Charleston alimony attorneys have the knowledge, skills, and resources you need and deserve in seeking a fair result.