South Carolina Spousal Support Lawyer
Alimony Attorneys Serving Fort Mill & York
If you are going through a divorce, alimony can be a major part of your life. In litigation, one spouse might be ordered by the judge to pay money to the other spouse to assist that spouse in meeting his or her economic needs. Usually, the more affluent spouse pays the less affluent spouse. Having an experienced South Carolina divorce lawyer can help you find a reasonable spousal support judgment. Our team at Krusch & Sellers, P.A. can provide you with experienced representation.
Do you need representation to help you pursue a fair alimony decision? Call our firm at (704) 343-8811.
When deciding on alimony payments, the Court considers many aspects:
- The length of the marriage
- The ages
- Physical and mental health
- Education and work experience
- The earning potential of each spouse
- Any need for retraining
- The standard of living during the marriage
- Child custody and visitation schedule
- Existing court obligations
- Any marital misconduct
In South Carolina, there is more than one form of alimony. There is temporary alimony while a case is pending (between filing the lawsuit and a final trial), which is often called spousal support. There is also lump sum alimony, rehabilitative alimony, reimbursement alimony and periodic/permanent alimony. The existence of certain circumstances in the case, like adultery committed by the less affluent spouse, will actually bar an alimony award.
Periodic alimony terminates when either spouse dies, or the receiving spouse remarries or cohabits with a romantic partner. Periodic alimony can be modified or terminated based on a change in circumstances. Often, people have heard that they can receive alimony until they die; however, that is not always the case.
Alimony Terms & Length
An alimony term and amount can be complicated to determine and is almost always a source of much disagreement between spouses. Alimony payments can continue for a great deal of time and are paid in addition to child support and property settlement awards if any. Further, once a person is subject to an order, circumstances can arise that will entitle him or her to seek a review by a judge, who could change the award or end the award.
When parties are separated and not yet divorced, it is also possible to ask that a spouse continues to provide medical insurance or other services throughout the separation as spousal support. While some States have guidelines for alimony as well as child support, South Carolina does not. There are some people who have developed a “calculator” which is useful when attempting to ensure that each household has a similar amount of disposable income; however, when setting alimony awards, a family court judge has broad discretion and is not following a set of calculated guidelines.
For more information about how our South Carolina divorce lawyers can help you, contact us at (704) 343-8811.