In Need of an Alimony Lawyer in Myrtle Beach, South Carolina?
At the David W. Martin Law Group, our Myrtle Beach alimony attorneys know that spousal support is financial support that one spouse may be required to pay to the other after a separation or divorce in South Carolina to help them maintain a similar standard of living they were accustomed to during the marriage.
Our Horry County spousal support lawyers also know that many spouses are unsure of what to expect when requesting or contesting alimony during divorce proceedings.
The reality is that alimony is not awarded during every South Carolina divorce. If you and your spouse cannot agree on a spousal support figure or that alimony should be paid, the court will consider several factors to determine your unique spousal support eligibility.
We represent spouses on both sides of the argument to help protect our client’s rights and futures from the start of their divorce proceedings.
How is Alimony Determined in South Carolina?
The court will assess these factors to decide the amount, duration, and type of alimony appropriate in a specific case.
The primary factors considered include:
- Duration of the Marriage
The length of the marriage is a crucial factor. Longer marriages are generally more likely to be awarded alimony, especially if there is a significant disparity in the spouses’ incomes.
- Financial Needs and Abilities
The court will evaluate each spouse’s financial needs and abilities. This includes assessing their income, assets, and earning potential. A spouse with a significantly lower income or earning capacity may be more likely to receive alimony.
- Standard of Living During the Marriage
The court will consider the standard of living established during the marriage. It seeks to ensure that the lower-earning spouse maintains a similar lifestyle post-divorce.
- Marital Misconduct
South Carolina allows the consideration of marital misconduct when determining alimony. This may include factors like adultery or cruelty. The court can consider such misconduct when deciding whether alimony should be awarded and in what amount.
- Age and Health
The age and health of each spouse are essential factors. The court may consider whether a spouse has a health condition or disability that affects their ability to support themselves.
- Non-Marital Property
The court will assess each spouse’s non-marital property, which is property acquired before the marriage, through inheritance, or by gift. This can influence the alimony decision.
- Custody of Children
Child custody arrangements can impact alimony. The custodial parent may have additional financial responsibilities, which could affect the alimony award.
- Educational Background and Career Prospects
The court will examine each spouse’s educational background and potential for career advancement. If one spouse sacrifices career opportunities for the marriage, this can be a significant factor.
- Contributions to the Marriage
Contributions to the marriage, both financial and non-financial, will be evaluated. This may include homemaking, child-rearing, or support provided to the other spouse’s career.
- Other Relevant Factors
The court can consider any other factors it deems relevant to the case. Each case is unique, and the judge will consider the totality of the circumstances.
What Steps Should I Take to Seek or Contest Alimony in South Carolina?
Seeking or contesting alimony in South Carolina involves a legal process that may be complex, as it is typically part of the initial divorce proceedings.
It is crucial to consult with an experienced family law attorney in Myrtle Beach who can guide you through the process, explain your rights, and help you navigate the legal system from the start of your claim so you know whether your ability to request or contest alimony aligns with our state laws.
At the David W. Martin Law Group, we provide personalized advice based on your specific circumstances.
This will include reviewing all relevant financial documents, including tax returns, bank statements, pay stubs, and evidence of assets and liabilities. This information will be essential in determining your financial situation and potential alimony claims.
We will also consider your financial needs, as well as your spouse’s financial needs and abilities. This evaluation can help determine whether you should seek or contest alimony and what type (if any) is appropriate.
Can Alimony Orders Be Modified in South Carolina?
Yes, alimony orders can be modified in South Carolina under certain circumstances. If a significant change in circumstances affects either the paying spouse’s ability to pay or the receiving spouse’s need for alimony, a modification of the alimony order may be considered.
Common reasons for seeking a modification of alimony orders in South Carolina include:
- Change in Income
If the paying spouse’s income has significantly decreased or the receiving spouse’s revenue has increased, this can be grounds for a modification. For example, if the paying spouse loses their job or faces a substantial reduction in income, they may request a reduction in alimony payments.
- Health Issues
If either spouse experiences a severe health issue affecting their ability to work or financial situation, it may be a valid reason for modifying alimony. For instance, a severe illness or disability could impact the financial needs of the receiving spouse or the paying spouse’s ability to meet their obligations.
If the receiving spouse begins cohabitating with a new partner in a relationship that resembles a marriage, it might be a basis for seeking a modification or termination of alimony payments. This is often referred to as a “supportive relationship.”
When the paying spouse reaches retirement age and retires, it may lead to changes in income, and a modification of alimony may be appropriate.
We can also help for:
- Child Custody
- Fathers Rights
- Grandparents Rights
- Child Support
- Emergency Custody
- Uncontested Divorce
- Property Division
- Visitation Modification
Contact Our David W. Martin Law Group Alimony Lawyers in Myrtle Beach, SC Today
If you have questions about your South Carolina divorce — even if you have not initiated the legal paperwork — and how your financial position will be impacted by the dissolution, call 854-854-5623 or contact us online to learn more about your legal rights and options to pursue the best outcome for your unique case by partnering with our dedicated Myrtle Beach alimony attorneys at the David W. Martin Law Group today.