At the David W. Martin Law Group, our Fort Mill family law attorneys know there are multiple names for financial support after a divorce in South Carolina. Whether you call it alimony, spousal support, maintenance, or a settlement, it is a form of financial means that is payable to one spouse from the other in a certain amount, for a specified period going forward, or in the form of a lump-sum payment.
Whether you are the one paying alimony, or the one receiving the financial provision, our York County spousal support attorneys will focus on providing the best outcome available for your unique financial needs.
Who Is Entitled to Alimony in South Carolina?
Alimony may be awarded to one spouse as part of a South Carolina divorce settlement as the result of a private or mediated agreement, or by court order.
During a private agreement, one spouse may volunteer to pay the other a certain amount of money each month going forward, until a certain milestone is reached, or in a one time payment. Other options for alimony may include rehabilitative alimony, which could allow the supported spouse to finish school or get a job which will help that party support themselves financially in the future. In South Carolina, alimony may also be awarded to one party for their lifetime, or until other factors are met such as remarriage, cohabitation for a period of time, or death.
In some cases, the spouses may agree on an amount and duration of payments during mediation, after each side has a chance to negotiate their financial needs outside the courtroom.
Other times, one spouse may want — or believe they deserve — alimony, while the other is decidedly against paying it. When this is true, and there is no middle ground, the courts will decide the outcome for the couple.
The South Carolina family courts will review the following details when determining who — if anyone — is entitled to alimony in South Carolina:
- Each spouse’s education, employment history, and ability to earn
- Length of your marriage, and the standard of living during that time
- Separate and marital assets of each spouse
- Each parties reasonable living expenses
- Potential tax consequences for each party
- Potential fault-based reasons for divorce
- Child custody and child support agreements, when applicable
Each marriage and divorce is unique and will require a thorough evaluation of your financial support requirements during the proceedings, so we can help you determine whether you may be entitled to alimony or if you may be required to pay it.
At the David W. Martin Law Group, our spousal support lawyers in Fort Mill will outline your case, leaving no detail to chance, so you can pursue the best outcome — no matter which side of the argument you are on.
What Are the Different Types of Alimony in South Carolina?
Generally, the courts will award alimony to one spouse if it believes he or she is at a financial disadvantage and the other spouse has the means to make spousal support payments without issue.
The different types of alimony awards in South Carolina include:
- Separation Maintenance and Support
During the separation period required by South Carolina law, the courts may require one spouse to pay the other while they no longer live together, up to or after a divorce.
- Rehabilitative Alimony
Rehabilitative spousal support is designed to help one spouse gain the work experience, education, or training necessary to earn an income, which means it may be awarded until the recipient can earn more money on his or her own.
- Reimbursement Alimony
This type of alimony is designed to reimburse one spouse for his or her time or financial contributions made during the marriage to help the other succeed at work or school.
- Periodic Alimony
Ongoing, periodic support payments are typically paid once a month, or twice a month, for a set duration. When time is up, the court may review the agreement, make changes, or terminate the payment requirement all together after reviewing each party’s current financial standing.
- Lump-Sum Alimony
In some cases, one spouse may be ordered to pay the other a lump sum or set amount of spousal support in a one-time payment, or several payments of the total divided into equal amounts.
It is important to note that just because South Carolina is an alimony state does not mean it is automatically awarded during a divorce. You will need an experienced spousal support attorney in Fort Mill to provide the legal skill and resources necessary to produce results — no matter which side of the courtroom you are on.
We can help.
Contact Our Experienced Spousal Support Lawyers in South Carolina to Schedule a Consultation Today
At the David W. Martin Law Group, our alimony attorneys in Fort Mill focus on pursuing the financial outcome our clients deserve, based on their unique circumstances, and a complete assessment of the marriage, divorce, and financial standing.
To learn more about your eligibility to obtain spousal support, contact our skilled alimony attorneys in South Carolina at the David W. Martin Law Group today by calling (803) 548-2468 to discuss your unique position during a consultation today.