Many factors are considered in awarding alimony
Alimony is financial support paid to a former spouse. There are different types of alimony in South Carolina. Permanent, periodic alimony is paid on a regular schedule overtime. It terminates on the death of either party or when the receiving spouse begins to cohabitate or decides to remarry. This alimony is modifiable based on a showing of a substantial change in circumstances.
Some spouses can choose to pay a lump sum alimony which is an agreed upon set amount. This can usually be paid in one payment or in a schedule of payments. Spousal support may be ordered pending a final divorce.
South Carolina law requires Family Courts to consider a number of factors in making a ruling on an alimony request such as:
- Duration of the marriage, including the ages of spouses at time of marriage and at time of divorce,
- Employment history and earning potential of each spouse,
- Current and reasonably anticipated earnings of both spouses,
- Current and reasonably anticipated expenses and needs of both spouses,
- Physical and emotional condition of each spouse,
- Educational background of each spouse together with need of each spouse for additional training or education in order to achieve that spouse’s income potential,
- Marital and non-marital properties of each spouse,
- Marital misconduct or fault of either spouse,
- Custody of the minor children,
- Existence and extent of support obligation from a prior marriage,
- Tax consequences of support award.
Lauren Taylor is a Greenville SC Family Law Attorney who fights for clients in alimony disputes. Call 864-326-2888 today for a free consultation.