Alimony/Spousal Support

Having an experienced attorney with knowledge of the law, the types of alimony, and the factors that the court must consider is of utmost importance.  

SC CODE SECTION 20-3-130(B)

Alimony and separate maintenance and support awards may be granted [temporarily] and permanently in such amounts and for periods of time subject to conditions as the court considers just including, but not limited to:

1. Periodic alimony (often called permanent periodic alimony) is paid out each month unless or until the receiving spouse’s remarriage or continued cohabitation or upon the death of either spouse and is modifiable based upon changed circumstances occurring in the future…
   Lump-sum alimony in a finite total sum to be paid in one installment, or periodically over a period of time, terminating only upon the death of the supported spouse, but not terminable or modifiable based upon remarriage or changed circumstances in the future…

2. Rehabilitative alimony in a finite sum to be paid in one installment or periodically, terminable upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse or the occurrence of a specific event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony…

3. Reimbursement alimony to be paid in a finite sum, to be paid in one installment or periodically, terminable on the remarriage or continued cohabitation of the supported spouse, or upon the death of either spouse but not terminable or modifiable based upon changed circumstances in the future…

4. Separate maintenance and support to be paid periodically, but terminating upon the continued cohabitation of the supported spouse, upon the divorce of the parties, or upon the death of either spouse and terminable and modifiable based upon changed circumstances in the future…
   Such other form of spousal support, under terms and conditions as the court may consider just, as appropriate under the circumstances without limitation to grant more than one form of support.

(*Several of the above types of alimony allow an exception to the termination upon death of the supporting spouse if the alimony award is secured.)

(C) In making an award of alimony or separate maintenance and support, the court must consider the following factors:

• (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties;

• (2) the physical and emotional condition of each spouse;

• (3) the 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;

• (4) the employment history and earning potential of each spouse;

• (5) the standard of living established during the marriage;

• (6) the current and reasonably anticipated earnings of both spouses;

• (7) the current and reasonably anticipated expenses and needs of both spouses;

• (8) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action;

• (9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature;

• (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;

• (11) the tax consequences to each party as a result of the particular form of support awarded;

• (12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and

• (13) such other factors the court considers relevant.