What’s the Difference Between Alimony vs Spousal Support?

A divorce is a legal proceeding to end a marriage in South Carolina. However, there are more issues addressed during a divorce than ending the marriage. Alimony and spousal support are issues that are addressed in many divorces.

South Carolina family law does not guarantee spousal support or alimony will be ordered. However, the law gives judges the authority to order support if they find support to be necessary and appropriate.

What Is the Difference Between Alimony and Spousal Support in South Carolina?

Alimony and spousal support are used interchangeably; however, there is a difference between the terms. Both terms refer to financial support paid by one spouse to the other spouse.

Spousal support is a broader term that encompasses all payments made from one spouse to another including before and during the divorce process. Alimony is a traditional term that refers to court-ordered support payments issued after the divorce decree is entered.

The purpose of support payments is to help a lower-earning spouse maintain a basic standard of living after separating from their spouse. It also allows a spouse time to obtain additional education or experience to increase their earning capacity to provide for their living expenses.

Factors Affecting Spousal Support and Alimony in Rock Hill, SC

A judge must determine that a spouse needs support and that the other spouse has the ability to pay support before ordering alimony in a divorce case. The amount and type of alimony or spousal support depends on the circumstances.

Factors judges consider when making these decisions include:

The length of the marriage
The age, physical health, and mental health of each spouse
The income and resources available to each spouse
A spouse’s experience, education, and skills
A spouse’s earning potential and employment history
The potential tax implications for each spouse
Which spouse will have custody of the children
Whether the custodial parent needs to limit their work outside the home to care for the children

The judge determines how much weight to give each of these factors when determining how much spousal support or alimony to order.

Does Marital Misconduct Impact Alimony or Spousal Support in South Carolina?

South Carolina divorce laws allow judges to consider a spouse’s marital misconduct when making alimony or spousal support decisions. Therefore, if a spouse committed domestic violence, the judge may use that factor when deciding alimony matters. The law bars alimony for a spouse who is guilty of committing adultery.

However, the adultery must have occurred before the earlier of the following:

The spouses sign a written property or marital settlement agreement; or,
The court issues an order of separate support and maintenance or an order approving a marital settlement agreement.

Before the bar applies, the spouse objecting to alimony on this ground must prove their partner committed adultery. Proving adultery may be challenging, but it can be done. The best way to approach this situation is by working with an experienced divorce lawyer.

How Long Does Alimony and Spousal Support Last?

South Carolina law defines several types of alimony and spousal support courts may grant. The type of support depends on the situation.

The types of alimony in South Carolina include:

Separate Maintenance and Support – This type of financial support is paid when a couple is separated but not divorced. The payments end with the final divorce decree, the death of either spouse, or cohabitation with a romantic partner by the spouse receiving support.
Lump-Sum Alimony – The court orders a specific amount to be paid in one payment or over several payments. The payments end when the alimony is paid in full or a spouse dies. It does not end when a spouse remarries or begins living with someone. Lump-sum support cannot be modified.
Reimbursement Alimony – This type of spousal support can also be paid over time or in a lump sum. It is intended to reimburse a spouse for spending their money or resources to help the paying spouse achieve their educational and/or financial goals. Reimbursement alimony ends when the receiving spouse remarries or cohabitates with someone.
Rehabilitative Alimony – A spouse receives support while gaining the education, skills, and training to obtain employment to support themselves. It can be paid over time or in a lump sum. The support ends with an event, such as the spouse gaining employment. The court may end rehabilitative alimony if the receiving spouse does not act in good faith to obtain skills and employment.
Periodic Alimony – Periodic spousal support may continue indefinitely. It ends when the receiving spouse remarries or cohabitates with a romantic partner. The court may modify or terminate periodic alimony because of a significant change in circumstances.

Judges have great discretion when determining the type and amount of spousal support or alimony in a divorce case. If you believe alimony will be an issue during your divorce case, seek legal advice as soon as possible.

Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact Us at (803) 504-0971

To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.

We proudly serve throughout York County.

Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971