Alimony & Spousal Support
It is important to seek your attorney’s advice when considering divorce. There may be remedies available to you prior to the issuance of a final divorce decree. A request for alimony should be made at the time of the divorce. Failure to request alimony may preclude a future request.
The purpose of Alimony is to serve as a substitute for support and place the supported spouse in the position he/she enjoyed during the marriage. Voelker v. Hillcok, 288 S.C. 622, 344 S.E. 2d 177 (Ct. App. 1986). Marital misconduct, including habitual drunkenness, adultery and abandonment, may be a substantial factor in awarding alimony. In addition to fault, other considerations in awarding alimony include: (1) ability to pay alimony, (2) avoiding disparity in post divorce financial standing, (3) earning capacity and financial resources, (4) contributions to the accumulation of joint wealth, (5) standard of living of the parties at the time of divorce, (6) loss of earnings arising from care of couple’s children, (7) loss due to investment in the other spouse’s occupation, and (8) duration of the marriage
- Alimony may be awarded as lump sum, periodic payments, rehabilitative, reimbursement, separate maintenance, and other forms of support as the Court considers just and appropriate. SC § 20-3-130. Each of these may be awarded on a temporary basis or permanently.
- Lump Sum is paid in one installment or periodically over a period of time. Lump sum alimony is not modifiable or terminable except upon the death of the supported spouse. Lump sum is considered only in exceptional circumstances and for compelling reasons.
- Periodic Alimony is terminated on the remarriage of the supported spouse or upon the death of either spouse and modifiable based upon changed circumstances. The purpose of awarding periodic alimony is where the Court makes a determination and requirement for ongoing support of a spouse.
Rehabilitative Support is designed to encourage the dependent spouse to become self-supporting after a divorce. Rehabilitative Alimony is awarded only in special circumstances justifying a reason for departure from periodic or permanent support. Factors considered in awarding rehabilitative alimony include: (1) the age, health and education of the supported spouse, (2) the duration of the marriage, (3) earning capacity, (4) standard of living during the marriage, (5) time necessary to retrain or acquire job skills, (6) likelihood that the retraining will be successful, and (7) the supported spouse’s likelihood of success in the job market. Toler v. Toler, 292 S.C. 374, 356 S.E.2d 429 (Ct. of App. 1987).
Reimbursement Alimony is not modifiable and normally paid by installments or periodically in a finite sum, and terminates upon remarriage of the supported spouse or death of either spouse. Reimbursement alimony can be used to compensate one spouse for the contributions to the professional degree of the other. Reimbursement alimony is especially useful in South Carolina since professional degrees are not subject to equitable apportionment.
Separate Support and Maintenance is paid periodically but terminates upon the divorce of the parties or upon the death of either spouse and terminable and modifiable based on changed circumstances. The purpose of awarding separate support and maintenance is to provide support when the parties are living separate and apart (i.e. going through the process of divorce).
Other Forms of Spousal Support is a catchall category, which allows the family court to award any form of alimony appropriate under the circumstances without limitation to grant more than one form of support.
Related topics: Divorce, Child Custody