SC Alimony Attorneys in Myrtle Beach
One of the first questions that many of our divorce clients have is: “I depend on my spouse for financial support; can I get alimony?”
The answer depends on many things, but a simple rule of thumb is, if the marriage was of short duration, probably not. If the marriage lasted longer and you have been dependent on your spouse’s income, however, the court is more likely to order alimony payments.
Your SC divorce lawyer at Axelrod and Associates will help you to determine whether you are entitled to alimony and how much the alimony payments should be. Your spouse and their attorney may agree to reasonable alimony payments, or the court may have to decide the issue for you.
What is Alimony in SC?
Alimony is financial support that is paid to a dependent spouse upon divorce, and it is based on the needs of the dependent spouse. There are many factors that the courts use to determine alimony, including:
- Duration of the marriage;
- Physical and emotional health of both spouses;
- Educational background of both spouses;
- Income earning potential of both spouses;
- Standard of living for both spouses during the marriage;
- Anticipated earnings and income of both spouses;
- Anticipated expenses for both spouses;
- Marital misconduct by either spouse;
- Marital and non-marital property;
- Tax consequences;
- Child custody; and
- Prior obligations from a previous marriage.
Whether alimony is ordered and how much is unique to each case, and the factors listed above are just examples of things the court may take into consideration in determining alimony.
In some cases, alimony may also be ordered as part of a temporary order for separate support and maintenance while you and your spouse are separated.
Are There Different Types of Alimony in SC?
There are different ways that alimony payments in SC can be structured, such as:
Lump sum alimony payment:
Lump sum alimony is paid in one installment rather than monthly payments over time. This form of alimony is attractive to the spouse paying alimony if they want to get it over with up front, and the prospect of one large payment may also be attractive to the spouse receiving alimony.
Periodic alimony payments:
Most people think of alimony in terms of monthly, or periodic, payments. The benefit of periodic alimony payments is that it provides a steady source of income that compensates for the loss of the former spouse’s contributions. Periodic alimony payments can be temporary or permanent.
Temporary periodic payments:
This is “rehabilitative alimony” or “reimbursement alimony” paid only for a certain period. It is designed to allow the former spouse receiving alimony time to get back on their feet, to train for a new job, to complete an education so that they can enter the work force, or to reimburse the former spouse for previous financial contributions.
Any order to pay alimony can be modified as circumstances change; or the payment of alimony can be enforced through the court if the paying spouse is not meeting his or her obligations.
If you are considering separation or divorce and have questions about whether you are entitled to alimony payments, call your Myrtle Beach divorce attorney at Axelrod and Associates today at 843-353-3449 or complete our contact form to set up an initial consultation.