Alimony (spousal support) is a payment from one partner to the other during or after a divorce. Alimony laws exist at the state level. All 50 states have some form of alimony. However, the alimony laws vary considerably across jurisdictions. Our divorce attorney in Charleston explains what you need to know about alimony laws across the states, including in South Carolina.
All 50 U.S. States have Alimony Laws
Alimony is also called spousal support and spousal maintenance. There are alimony laws in all 50 U.S. states. While the specific rules vary, every state allows courts to order one spouse to provide financial support to the other after a divorce. Some states limit alimony to short-term rehabilitative payments, while other states permit permanent awards in certain circumstances.
An Overview of the Alimony Laws in South Carolina
The Alimony Statutes
Alimony in South Carolina is governed by S.C. Code Ann. § 20-3-120 through § 20-3-150. The statutes in our state give the family courts relatively broad discretion in alimony cases. They are empowered to determine:
- Whether alimony should be awarded;
- What type of alimony should be awarded;
- The amount of the alimony that should be awarded; and
- The duration of the alimony.
Alimony laws exist for a simple reason: The goal is to ensure fairness and to prevent undue financial hardship for the disadvantaged spouse during and after divorce. A key point to remember about spousal support is that it is separate from property division.
The Types of Alimony
South Carolina recognizes several different types of alimony. Here is an overview:
- Permanent Periodic Alimony: Alimony that is paid indefinitely until the supported spouse remarries or either spouse dies.
- Rehabilitative Alimony: Alimony that is designed to provide short-term support while the spouse gains education or training.
- Reimbursement Alimony: Alimony that is awarded when one spouse contributed to the other’s education or career advancement.
- Lump Sum Alimony: Alimony that is a fixed amount, payable in one installment or over time.
Note: South Carolina also has something called separate maintenance and support, which is a form of temporary payments that are made when spouses live apart but are not divorced.
Alimony Factors
Alimony is awarded on a case-by-case basis in South Carolina. When determining alimony, South Carolina courts evaluate many different factors, including the:
- Length of the marriage;
- Ages and physical/mental health of the parties;
- Earning capacities and educational backgrounds;
- Standard of living established during marriage;
- Contributions as homemakers and caregivers; and
- Evidence of marital misconduct or lack thereof.
Call Our Charleston, SC, Family and Divorce Attorney Today
At Query Sautter & Uricchio, LLC, our Charleston family and divorce attorneys have the knowledge, skills, and experience to handle alimony cases. If you have any specific questions or concerns about alimony, please do not hesitate to contact us today for a fully confidential initial consultation. With an office in Charleston, we handle alimony cases throughout South Carolina.