South Carolina divorce laws allow judges to award spousal support when couples separate and/or divorce. Understanding spousal support laws in South Carolina can help you prepare for what might happen when you go to court. Hiring an experienced Rock Hill spousal support lawyer helps you protect your rights and interests.
At Minor Law Divorce Lawyers, our Rock Hill divorce lawyers have extensive experience handling issues related to spousal support. We understand the laws governing spousal support in South Carolina and the importance of ensuring a fair outcome for alimony obligations.
Contact our law offices in Rock Hill, SC, today by calling (803) 504-0971. The first step in understanding the alimony process is to seek sound legal advice from a seasoned divorce lawyer.
How Minor Law Divorce Lawyers Can Help With Your Spousal Support Case in Rock Hill, South Carolina
South Carolina has an alimony statute that explains the types of alimony a court may grant. It also includes some criteria for awarding alimony during and after a divorce. However, there is no set formula for calculating spousal support payments.
Therefore, it is crucial that you work with an experienced Rock Hill spousal support lawyer who understands the case law that governs alimony obligations in South Carolina. Alimony is not a right. You must fight to protect your interests during family court proceedings for spousal support.
When you hire our top-rated family law and divorce attorney in Rock Hill, you can expect us to:
- Listen intently to the details of your situation to assess your needs and legal options
- Explain how South Carolina alimony laws impact your case
- Investigate your spouse’s financial situation to determine whether there is a need for or ability to pay alimony
- Gather evidence to support your claim for spousal support
- Build a strong argument for your position regarding alimony payments
- Aggressively advocate for your best interests during negotiations and in court
Attorney Minor is dedicated to providing exceptional legal services to her clients in a caring and compassionate environment. Contact Minor Law Divorce Lawyers today to schedule a consultation with an experienced spousal support lawyer in Rock Hill, SC.
What Is Spousal Support in a Rock Hill Divorce Case?
Spousal support is another term for alimony. It is financial support paid by one spouse to another spouse during and/or after a separation or divorce. In South Carolina, family courts order spousal support.
South Carolina alimony law defines five specific types of spousal support the court might grant. The types of alimony you could receive/pay include:
Periodic Alimony
Spousal support is paid in monthly payments to an ex-spouse. A former spouse could support their ex-spouse for the rest of their life if the court orders permanent periodic alimony. However, generally, periodic alimony ends when the spouse receiving alimony remarries or cohabitates with another person. Alimony also ends with the death of either spouse.
Lump-Sum Alimony
Judges may order a lump-sum payment for alimony. The spouse may pay the amount in one payment or monthly installments. Lump-sum alimony terminates when it is paid in full or a spouse dies. However, it does not terminate if the supported spouse remarries or cohabitates with someone.
Rehabilitative Alimony
The purpose of rehabilitative alimony is to allow a supported spouse the time necessary to gain the skills and education to support themselves. It may be paid in one installment or over time. It is a finite sum that can end when the supported spouse remarries or cohabitates with someone. A judge may modify the support if the spouse does not make good-faith rehabilitative efforts.
Reimbursement Alimony
Reimbursement alimony is also paid in one installment or over time and terminates with remarriage of the supported spouse, cohabitation of the supported spouse, or the death of a spouse. The purpose of this type of spousal support is to reimburse a supported spouse based on circumstances that occurred during the marriage. For example, the supported spouse may have contributed to the other spouse’s education and career to the detriment of their own.
Separate Maintenance and Support
This type of spousal support is paid while the couple is separated. Separate maintenance and support payments terminate upon the parties’ divorce, cohabitation by the supported spouse, or the death of either spouse.
What Factors Do Judges Consider When Granting Spousal Support in Rock Hill, SC?
Judges must determine whether spousal support is needed and whether the spouse is able to pay it before awarding alimony in a divorce case. Then, they must determine the type and amount of spousal support to award.
Therefore, judges consider numerous factors when making spousal support decisions. Those factors include, but are not limited to:
- The duration of the marriage
- The resources and income of each spouse
- The ages of each spouse
- Which spouse has custody of the couple’s minor children
- The mental and physical health of both spouses
- The potential tax implications for each spouse
- A spouse’s education, experience, and skills
- The standard of living the couple enjoyed during the marriage
- A spouse’s employment history and earning potential
In South Carolina, judges may consider a spouse’s marital misconduct when deciding whether to grant alimony and the type and amount of spousal support to order.
State law prohibits a judge from granting alimony to a spouse who is guilty of committing adultery. However, when the spouse committed adultery is important. The law states that the bar to alimony applies when the spouse commits adultery before the earlier of the following events:
- The spouses enter into a written property or marital settlement agreement; OR,
- The court enters an order approving a marital settlement agreement or an order of separate support and maintenance.
Spousal support arguments can become very complicated, especially in cases involving high-net-worth couples or when there are allegations of marital misconduct. Working with a Rock Hill spousal support lawyer who understands this issue is essential to protect your rights.
Can Spousal Support Payments Be Modified After a Court Enters an Alimony Order in South Carolina?
Whether spousal support can be modified depends on the type of alimony the court ordered and why a spouse requests a judgment modification. Most types of spousal support can be modified, but there must be a significant change in circumstances to justify modifying the alimony payments.
Situations that might warrant modifying spousal support include:
- A significant change in income
- Chronic illness or disability
- Retirement
- Remarriage or cohabitation
Consult a Rock Hill spousal support lawyer if you begin to experience a financial hardship that impacts your spousal support payments. An attorney can review the circumstances of your situation to advise you of your legal options, which might include modifying alimony payments.
Five Things You Need To Do During Your Spousal Support Case in South Carolina
If you are fighting with your spouse or ex-spouse regarding spousal support, remember these five steps:
Meet With a Rock Hill Spousal Support Attorney Now
Schedule a consultation with our Rock Hill spousal support lawyer as soon as possible. Depending on your situation, we may be able to schedule mediation or negotiate a settlement for your alimony payments. We may need to file a motion for a temporary hearing to resolve alimony issues until your separation or divorce is complete.
Do Not Sign Documents Without Legal Counsel
If your spouse’s divorce attorney prepares an agreement or other documents, do not sign the papers without seeking legal advice. You might be entitled to better terms for spousal support. Undoing a legally valid agreement might be impossible.
Do Not Commit Adultery
Individuals who commit adultery can be denied alimony in South Carolina. Before you begin dating, talk with a Rock Hill spousal support lawyer. You may be able to date after a separation agreement is in place without jeopardizing your spousal support, but you always want to verify your rights with an attorney.
Avoid Other Marital Misconduct
Your spousal support obligations could also be impacted by other marital misconduct. Judges can consider misconduct that has affected or is affecting the couple’s economic circumstances or contributed to the breakup of the marriage when deciding alimony issues.
Document Why You Believe You Should Receive or Should Not Pay Spousal Support
List all of the reasons to support your position. For example, if you gave up a lucrative career to stay at home to care for your children so your spouse could work, that could be a factor the judge may consider. Likewise, if you supported your spouse as they obtained a degree, that could be a factor the judge may consider when deciding spousal support.
Schedule a Free Consultation With Our Rock Hill Spousal Support Lawyer
In a divorce case, family court judges have complete discretion on whether to award alimony and, if so, in what amount. You’ll need a strong argument based on relevant law and evidence to convince the judge your position is valid.
Alimony is a complex issue in divorce cases, but we can help. Call Minor Law Divorce Lawyers to request a consultation with our experienced Rock Hill spousal support attorney. We’ll diligently work to obtain a spousal support order that is in your best interests.
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Courthouse And Family Counselors In Rock Hill
- Beacon of Hope Counseling, LLC – 1035 Oakland Ave, Rock Hill, SC 29732
- Blue Lotus Counseling – 291 Willowbrook Ave ste 102, Rock Hill, SC 29730
- Thriveworks Counseling & Psychiatry Rock Hill – 1030 Riverwalk Parkway Suite 203, Rock Hill, SC 29730
- Palmetto Counseling & Consulting Services, LLC – 1721 Ebenezer Rd Suite #225, Rock Hill, SC 29732
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
Visit Our Divorce & Family Law Office In Rock Hill, SC
Minor Law Divorce Lawyers
1273 Ebenezer Rd Suite B, Rock Hill, SC 29732
(803) 504-0971
