Greenville Attorney Pursues Fair Outcomes In Alimony Disputes
Experienced SC divorce lawyers explain what you need to know
In South Carolina, courts award alimony to help lower-earning spouses maintain a standard of living or ease the transition to the point where they are self-supporting. Alimony is not automatic, and courts consider several factors when deciding on an award. Whether you are requesting alimony or hoping to avoid making payments to your ex-spouse, you need a skillful lawyer managing your case. McManaway Law, LLC in Greenville has extensive experience handling alimony disputes during and after divorce. I advocate strongly for your rights by building a compelling case for the outcome you seek.
What Is alimony?
Alimony is a court-ordered payment from one spouse to the other following a divorce, or during the legal marriage dissolution process. In South Carolina, alimony is meant to provide financial support to dependent spouses who are either unable to meet their own needs or require transitional financial assistance after the dissolution of the marriage. Whenever possible, alimony aims to maintain the recipient spouse at or near the standard of living they enjoyed during the marriage.
Types of alimony available in South Carolina
South Carolina recognizes several types of alimony, each serving a different purpose. The main types of alimony authorized by state law are:
- Permanent periodic alimony — Permanent periodic alimony is the most common form of alimony in divorce cases. It is typically awarded where the court finds it appropriate for one spouse to assist in the ongoing support of the other spouse. Its purpose is for the receiving spouse is to maintain the same or similar standard of living to that enjoyed throughout the marriage if the marital estate is such that the standard can continue to be enjoyed.
- Rehabilitative — Designed to support a spouse who is pursuing education, skills training or work experience to become self-sufficient, rehabilitative alimony is often awarded for a set period of time.
- Reimbursement — If one spouse has sacrificed for the education or career of the other, a court can order alimony as a form of compensation for their contribution.
- Lump-sum — Lump-sum alimony can be a one-time payment or paid over a set period of time.
- Temporary — A dependent spouse may receive support payments during the divorce proceedings. Once the divorce is finalized, the temporary alimony ends.
An experienced attorney can advise you on what type of alimony a court might consider in your case.
Factors courts consider when awarding alimony
When a South Carolina court reviews the imposition, amount and duration of alimony, judges consider several factors, such as:
- The length of the marriage — Longer marriages may result in permanent or rehabilitative alimony.
- The financial and earning capacities of both spouses — Courts assess both parties' ability to support themselves and the disparity between the parties’ income.
- The age and health of both spouses — A spouse’s physical and emotional well-being may be considered, especially if one spouse cannot work due to health issues.
- Contributions to the marriage — Courts also evaluate non-financial contributions to the marital household, including homemaking and raising children.
Judges are permitted to consider any facts that are pertinent to a fair determination.
Can the court adjust alimony after a divorce is final?
An alimony order can be modified or terminated, but only after a subsequent hearing. Either spouse can request an adjustment if a substantial change in circumstances has occurred, such as a significant income shift, health issue or the recipient spouse's remarriage.
How to request alimony in South Carolina
A spouse seeking support must file a petition with the court. This typically happens as part of the divorce proceedings, but a petitioner can make a separate request in another legal filing. The petitioning spouse must demonstrate the need for support and provide evidence of income, expenses and the factors that justify an alimony award. I meticulously prepare alimony petitions to ensure that the court considers all relevant factors.
Contact a Greenville divorce lawyer to discuss your alimony issues
McManaway Law, LLC in Greenville represents Upstate South Carolina residents in alimony proceedings during and after divorce. Please call 864-428-8912 or contact me online for a consultation.
