Alimony is a former spouse’s court-ordered payment to a former spouse after divorce. South Carolina law provides six different types of alimony: (1) periodic alimony, (2) lump sum alimony; (3) rehabilitative alimony; (4) reimbursement alimony; (5) temporary alimony; and (6) such other form of spousal support as the court considers just.
The specific facts of your case will determine whether alimony is to be awarded and, if so, what type of alimony. The courts do consider evidence of fault in determining whether to grant alimony. With some exceptions, adultery is usually a complete bar to an award of alimony.
In determining whether to grant alimony, the courts consider several factors including: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (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; (9) custody of the children; and (10) marital misconduct or fault of either or both parties.
An award of or negotiation of alimony is a highly fact specific situation. The attorneys at Grand Strand Law Group can help you with getting alimony or defending against a claim for alimony.