After a couple divorces in York County, SC, it’s possible that the judge will order one party to continue supporting the other. Spousal support, or alimony, isn’t automatic in South Carolina. If you’re dealing with a divorce, a York County spousal support lawyer at Minor Law Divorce Lawyers can help you navigate the complex rules governing alimony. Call us at (803) 504-0971.
Our founding attorney has nearly a decade of experience in family law. Since 2016, families like yours have trusted our team to help them resolve the complex and sensitive issues surrounding divorce.
Alimony can dramatically impact each spouse’s future. To learn more about how our law firm can help you reach the best outcome possible, contact our team in York County, South Carolina, to arrange a free consultation today.
Why Should I Call Minor Law Divorce Lawyers for Help Resolving Spousal Support Issues in York County, SC?
Spousal support is often a hotly-contested issue. While many parents are perfectly willing to support their children, the idea of supporting an ex-spouse can be a bitter pill to swallow. Likewise, the spouse who needs support may know they only require support because of their valuable household contributions.
Whether your divorce is amicable or not, disagreements are likely to arise when spousal support is contemplated.
An experienced York County family law attorney at Minor Law Divorce Lawyers can help. We genuinely care about the clients we represent. We know how difficult divorce can be–and we’re prepared to do everything possible to make your life easier.
Hiring our law firm gives you an advocate to:
- Evaluate your rights and obligations
- Gather evidence to support your case
- Handle the paperwork and court filings
- Work with experts who can strengthen your position
- Negotiate to reach a fair and amicable solution
- Fiercely advocate for you at trial
Divorce always has serious financial implications. Contact our York County family lawyers to learn more about how we can fight to protect your financial security.
Overview of South Carolina Spousal Support Rules
In South Carolina, spousal support is generally awarded when the court finds that one spouse should continue supporting the other after divorce.
The point of spousal support is to allow each spouse to maintain their pre-divorce standard of living after divorce to the extent possible. Because each spouse contributes to the marriage in different ways, the lower-earning spouse shouldn’t have to change their lifestyle dramatically after divorce.
Unlike child support, spousal support isn’t automatic. It’s not a legal requirement. Instead, the spouse requesting support must petition the court to include alimony in the divorce settlement. The judge will consider all relevant factors when determining whether alimony is appropriate.
What Are the Options for Structuring Spousal Support in York County?
Judges in South Carolina have significant flexibility when ordering spousal support. They can structure spousal support payments in many different ways under state law.
Potential spousal support structures may include:
- Periodic spousal support. A judge may order one spouse to make periodic payments to their ex-spouse. These payments can be modified upon a change in circumstances but are usually structured to end when the supported spouse remarries, begins cohabitating with someone else, or upon the death of either spouse.
- Lump sum spousal support. Parties may agree on a certain amount that will be paid as spousal support. The supporting spouse can pay the pre-set amount as a lump sum or in installments. However, the obligation only terminates when the supported spouse dies and cannot be modified based on future changes in circumstances.
- Rehabilitative spousal support. Rehabilitative spousal support is ordered so the supported spouse can complete education or job training. It’s designed to allow the supported spouse to gain the skills necessary to support themselves. This type of alimony generally ends when a specific event, such as graduation or gaining employment, occurs.
- Reimbursement spousal support. In some cases, one spouse will support the other during school or when starting a business–spending their own money to allow their spouse to reach certain financial goals. When this happens, the court can order the party who received that support to reimburse their spouse upon divorce.
- Separate maintenance. Separate maintenance is a type of spousal support that’s awarded when a couple wants to separate and live apart but isn’t ready for a legal divorce. Separate maintenance payments are made periodically. They can terminate when the spouse receiving the payments begins cohabitating with their spouse or someone else.
Spousal support obligations may be permanent or “pendente lite,” meaning that they terminate after a certain amount of time. Even when spousal support obligations are “permanent,” however, the judge’s order may specify certain events that will end payments. Typically, those events include remarriage, cohabitation, or death.
When considering whether to award a lump-sum amount, courts typically consider whether one spouse is likely to comply with ongoing payment obligations. They may also consider the recipient spouse’s need to receive funds upfront to cover debts or other expenses.
When Will Family Courts in South Carolina Order Spousal Support?
Family law judges consider a number of different factors when determining whether spousal support is appropriate. These determinations are entirely fact-driven.
When determining alimony, judges consider:
- The length of the marriage
- The spouses’ ages
- Each spouse’s current income
- Each spouse’s employment history and earning potential
- Each spouse’s current and reasonably anticipated expenses
- Each spouse’s education and the need for either spouse to receive additional education or job training to achieve their earning potential
- The standard of living the couple enjoyed during marriage
- The physical and emotional condition of each spouse
- Each spouse’s marital and non-marital property and assets, including those obtained when dividing property in the divorce
- Who has custody of any children
- Whether it’s appropriate for the custodial parent to limit their work outside the house due to childcare obligations
- Any evidence of marital misconduct and how it may have impacted the economic circumstances of either spouse or provided the impetus for divorce (but only if the misconduct occurred prior to formal separation)
- The tax consequences of a spousal support order
- Whether either spouse is receiving alimony based on a prior marriage
Judges get to decide how much weight to give to any of these factors. Ideally, your attorney will negotiate with your spouse’s attorney to reach a favorable outcome.
How is Spousal Support Calculated in York County?
Spousal support is different from child support. Child support obligations are based on a specific formula. Judges have much more leeway when determining how much spousal support is appropriate.
Because judges have so much discretion, it’s critical to have an experienced York County spousal support attorney by your side at every stage. Whether you’re requesting or contesting spousal support, our skilled attorneys at Minor Law Divorce Lawyers can help.
How Long Does Spousal Support Last in South Carolina?
Again, there is no precise answer. Spousal support can last for months, years, or for a lifetime. The judge’s decision will depend heavily on the length of the marriage, differences in earning capacity, and the receiving spouse’s needs.
Most spousal support awards are temporary in duration.
It’s common for judges to order termination of support if any of the following happens:
- The recipient spouse remarries
- The recipient spouse begins regularly cohabitating with a new romantic partner
- Either spouse dies
Cohabitation is often a contested issue in alimony cases. It can be tough to prove that your ex-spouse is regularly cohabitating with someone else. It can also be difficult to contest these claims.
Can a Spousal Support Order Be Modified After Being Finalized?
Like child support, alimony awards can be modified even after they’ve been finalized in the divorce settlement agreement.
Grounds for modification in South Carolina include:
- A change in circumstances for either party
- A change in the financial ability of the party making alimony payments
Either party can request a modification of an existing spousal support order. Modification requests can include requests to increase, decrease, or terminate alimony payments.
Once a modification request is received by the courts, the judge will consider all facts and circumstances–including the paying spouse’s ability to continue paying. The judge can grant the request or order that payments continue as originally ordered.
Often, paying spouses request a modification of spousal support upon retirement.
Judges consider multiple factors when determining whether the modification request is legitimate, including:
- Whether retirement was planned when the original order was executed
- The age and health of the paying spouse
- Whether the retirement was voluntary or mandatory
- Whether retirement decreases the paying spouse’s income
Modification requests are never automatic. An experienced attorney can help you tell your side of the story and locate evidence to prove your case. Contact Minor Law Divorce Lawyers today if a spousal support modification request is on the table.
Call an Experienced York County Spousal Support Lawyer for a Free Consultation Today
Our attorneys at Minor Law Divorce Lawyers are here to help with any issues that arise with respect to spousal support. Whether you’re contesting payment obligations, trying to force an ex to comply, or working to obtain an initial court order, contact us today. An experienced York County spousal support lawyer can help you navigate the complex issues that arise and work for the best possible outcome.
