How to Receive Alimony in South Carolina?

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 What is Alimony?

Alimony is a spouse’s payment to another to provide support following a divorce. The main idea behind alimony is to prevent one spouse from facing financial disaster because of a divorce. Courts award alimony (“spousal support”) when one spouse earns significantly less money than the other.

Alimony payments keep a stable standard of living for both. When one of the parties spends years out of the workforce to raise children and cannot get a good job, they should seek alimony.

In South Carolina, alimony may also be awarded while pending divorce proceedings. Calculating alimony is generally done on a case-by-case basis by the South Carolina family court judge responsible for the case. While some states have a fixed alimony calculation formula, most alimony awards are at the judge’s discretion in South Carolina.

There are five types of alimony available in South Carolina:

  • Periodic Alimony: This is what is traditionally thought of as alimony. There are ongoing payments to recur (typically monthly) for the remainder of the recipient’s life until the recipient remarries or until some other action occurs, which the parties have agreed to in the divorce settlement agreement. This type of alimony can be modified if one or both parties’ economic circumstances change.
  • Lump-Sum Alimony: This is similar to periodic alimony, but the supporting spouse pays a fixed amount paid once or in installments instead of monthly payments. These payments are not affected by any party’s changed economic circumstances or the remarriage of the spouse receiving the money.
  • Rehabilitative Alimony: Like Lump-Sum alimony, Rehabilitative Alimony is a fixed amount paid as a lump sum or in installments. This type of alimony aims to enable the receiving spouse to acquire the education and training necessary to become self-supporting.
    • It can be modified if, due to unforeseen events, the supporting spouse cannot pay the alimony or the receiving spouse cannot obtain the skills needed to become self-supporting. It can be terminated if the receiving spouse finishes a course of action – finishes a training program, for example – that was meant to make them able to support themselves.
  • Reimbursement Alimony: This type of alimony seeks to reimburse one spouse for amounts paid during the marriage that benefited the other spouse. Imagine a wife working for several years as the sole breadwinner while her husband was in college. The wife paid for education expenses, too. She gave up her chance to attend college so her husband could go. The court may order the husband to reimburse the wife for the “opportunity cost” she had while he was in school.
    • An example would be if one spouse paid for the other’s MBA. This type of alimony is not terminable and cannot be modified due to changed circumstances.
  • Separate Maintenance and Support: This is paid when the couple is not divorced. These are periodic payments (e.g., monthly payments). The amount of alimony can be modified based on changed circumstances.

Finally, the court can award any other form of support, or any combination of the above, deemed “just” based on the circumstances. It’s also important to remember that any payments made for alimony are separate from any payments required for child support.

How Do Courts Decide Whether to Award Alimony and if So, How Much?

When determining whether alimony is appropriate, the Court looks at the disadvantaged spouse. Certain factors determine how long a spouse should support the other after a divorce. These factors include:

  1. Education: Can the disadvantaged spouse get back into the workforce?
  2. The length of the marriage: Support obligations for a 10-year marriage will be longer than for a 3-year marriage.
  3. Physical/emotional condition of the disadvantaged spouse: A court may order support if one spouse is very sick.
  4. The employment history of both parties: The amount of spousal support may increase or decrease based on one or both parties’ anticipated earnings or expenses.
  5. Standard of living: The court’s goal is to enable each party to live close to the standard of living that they enjoyed during the marriage.
  6. Child custody: The court usually considers alimony and child support payments together.
  7. Tax consequences: Alimony is taxable, unlike child support. The court will consider the impact of an alimony award on the parties’ tax situations.
  8. Marital fault: South Carolina considers marital fault when determining alimony payments. This means that “at-fault” divorces, which may be caused by infidelity/adultery, abuse, etc., can result in the at-fault party paying more “punitive” alimony.

How Long Do I Have to Pay?

The duration of alimony depends on the type awarded. Periodic alimony is ongoing and terminates if either spouse dies or upon the remarriage or “continued cohabitation” of the recipient spouse. Lump-sum alimony terminates at the end of payment or upon the death of the recipient spouse. Rehabilitative alimony has a set end date—when the recipient spouse acquires the education and training necessary to become self-supporting.

It can terminate earlier, however, upon the death of either spouse, remarriage, or the recipient’s continued cohabitation. This is also true for reimbursement alimony and separate maintenance and support. The latter also terminates if the parties divorce.

You can ask the court to modify alimony if you pay “rehabilitative” or “periodic sum” support. The thinking behind this is simple. Your ex-spouse shouldn’t enjoy a windfall if they remarry or are rehabilitated. You can ask the court to lower your support payment to an ex-spouse if their circumstances change. You can also ask to reduce support if your circumstances change beyond your control.

Note that lump-sum and reimbursement support cannot be modified. Your best bet at modifying that would be to negotiate with your ex-spouse. They may or may not agree to a new support contract.

How Much Alimony Can Be Awarded?

South Carolina does not limit the amount of alimony a spouse can receive. Hiring a lawyer who can help you obtain a fair and reasonable amount is important. In states with no cap, alimony awards in the U.S. can run upwards of $1.3 million annually. Thus, you can protect your future financial situation by hiring a lawyer, whether you are asking for support or think you need to pay it.

How Do You Petition for Alimony?

A lawyer can help you during the difficult time of divorce by ensuring you do not inadvertently waive your right to alimony. The court will not know you need spousal support unless you ask. A lawyer will petition for alimony in the beginning (with your divorce papers) and help you seek spousal support if you need it while your divorce proceedings are pending.

Should I Hire a Lawyer?

It can sometimes be difficult to tell what all your options are in a alimony. You may need to hire a qualified South Carolina alimony lawyer for advice or representation regarding any legal issue. Alimony laws can be complex, but an attorney can help determine what your legal rights and options are.

An attorney can advise you on how to proceed and inform you of the possible outcomes and consequences of each option. If you need to appear in court or attend any meetings, your lawyer can be there to represent you.

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