Fort Mill Alimony Attorney
Alimony, or spousal support, is a financial settlement the courts might award to one spouse in a divorce case. One spouse will have to make regular payments to the other during or after a divorce if the courts grant spousal support. The alimony attorney at David W. Martin Attorney at Law, LLC, can help you whether you need to fight for or against the spousal support in Fort Mill. We understand the nuances of the state’s alimony laws, how best to support your case during mediation or a divorce trial, and how to obtain the best possible results.
Calculating Alimony Payments in Fort Mill
In South Carolina, the courts permit a couple to come up with their own alimony support plan, if possible. The judge will honor the couple’s plan as long as he/she deems it fair and appropriate under the circumstances. Agreeing on your own plan with a Fort Mill alimony lawyer’s help during mediation can save you and your ex-spouse considerable time and money. Otherwise, you’ll take your case to court and let a judge make the final decision. In determining spousal support, the courts will consider these factors:
- How long the couple was married
- Educational backgrounds of each spouse
- Employment histories and ability to earn
- Standard of living during the marriage
- Separate and marital assets of each spouse
- Child custody and support agreements
- Fault-based reasons for divorce
In general, the courts will award alimony to one spouse if it believes that spouse is at a financial disadvantage and the other spouse has the means to make the payments. For example, if a wife gave up her career to stay home and care for children, the courts may award her alimony because the husband has a career advantage.
Types of Alimony Available in South Carolina
The South Carolina courts have a wide variety of alimony payment schedules from which to choose. If the courts believe one spouse deserves alimony, it can make a temporary or permanent order. Temporary orders are the most common and provide spousal support until the recipient can gain an education, work experience, or employment. Permanent alimony may be applicable in cases involving an older couple, or a spouse with no way of establishing an income. Types of alimony are:
- Lump sum alimony. The court might order one spouse to pay the other a lump sum or set amount of support that the spouse can pay all at once or in a few installments. A spouse cannot change a lump sum alimony award.
- Periodic alimony. The courts may make one spouse pay the other with ongoing, periodic support payments. The courts will set a time to review the agreement and make changes or terminate it according to the circumstances.
- Rehabilitative alimony. This type of spousal support aims to help one spouse gain the work experience, education, or training to earn an income. One spouse will pay the other until the recipient can earn more money.
- Reimbursement alimony. These payments serve to reimburse one spouse for the financial or time contributions he/she made during the marriage to help the other succeed at work or school.
- Separate maintenance and support. In a legal separation in South Carolina, the courts may make an order for one spouse to pay the other while they no longer live together, up to or after a divorce.
Each couple is unique – thus, each alimony claim is unique.
Get the Right Representation
Here at David W. Martin Attorney at Law, LLC, we understand that going through a divorce is a very difficult time. We work hard and efficiently to make the process easier and faster for our clients. If you are looking for an experienced lawyer to help you secure alimony, schedule a consultation with us today. Contact our Fort Mill alimony attorney for more information about your specific case.