Divorce Alimony in South Carolina
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Factors considered by court in Divorce South Carolina Alimony
- Whether any spouse has any support obligation related to a previous marriage or for any other reason? If yes, what is the extent of this support?
- If a particular alimony is awarded, what would be the consequences with regard to tax for both partners?
- Whether any party has committed a fault or marital misconduct? This is seen irrespective of the fact whether this fact was used as a base for separate maintenance decree or divorce
- Who is the custodian of the child? Do the circumstances of this child make it impossible for the custodian to seek employment outside the residence or find employment of a limited nature?
- The non marital and marital properties of each spouse, inclusive of those that have been allocated in the divorce proceedings or separate maintenance action
- The present and reasonably anticipated requirements and expenditures of both partners
- The present and reasonably anticipated earnings of both partners
- The standard of living experienced in marital life
- The earning potential and employment history of both spouses
- What is the educational background of both spouses? Is there any need that these spouses should complete additional training or education to attain a specific income potential?
- The emotional state and physical condition of both parties
- The duration of marital life
- The ages of the spouses at the moment their marriage took place and at that moment when divorce or a separate maintenance action occurred
- Any other factors that are thought to be relevant by the court
Highlights of Divorce South Carolina Alimony
- Let us assume that an award of alimony has been granted in the original divorce decree. After some passage of time, the circumstances of the ex spouses change. In such a scenario, either party may make an application in the court that had awarded alimony to increase, decrease or terminate alimony payments. The court then offers both the spouses a chance to get heard and provide evidence related to this topic
- If the recipient of alimony remarries or performs continued cohabitation, the payments of alimony are terminated. "Continued Cohabitation" is said to have occurred when the recipient of alimony resides with a third individual in a romantic relation for 90 or more consecutive days
- Let us consider that a marriage has been declared void on the basis of fraud. The spouse committing fraud is not relieved of the responsibility to pay alimony that would have otherwise existed
- The court might issue orders that a direct payment may be made to the recipient spouse. Another method is that the payer of alimony should make a payment through the Family Court. The court may also assign responsibility of service fee related to this award
Types of South Carolina Alimony
- Lump sum alimony
- Periodic alimony
- Reimbursement alimony
- Rehabilitative alimony
- Other form of spousal support, as per the terms and conditions decided by the court