Divorce Guide

Divorce Guide

South Carolina Divorce Alimony

The South Carolina divorce alimony is awarded to a spouse when the court finds that he or she is really in need of the financial support to maintain a decent lifestyle. Now a days alimony is rarely awarded as in most divorce cases both the spouses are economically stable enough to support oneself independently. Marital misconduct can be a matter of concern if the spouse seeking the alimony is found to have committed adultery or any form of illicit sexual misconduct.

The following are the conditions for awarding alimony even if the spouse has been proved to have committed marital misconduct.

Though the court does not acknowledge of awarding alimony to the spouse who has committed any kind of marital misconduct like adultery, desertion or illicit sexual acts, alimony can be granted by the court under the following conditions.
  • In case there is the existence of any kind of former document certifying the agreement between the two spouses regarding marital settlement of property assets.
  • If there is a permanent order of the spousal maintenance or support or any agreement on financial support between the two parties, the alimony is not awarded to the spouse in spite of indulging in activities related to marital misconduct.
The General Determinants of Alimony

While deciding on the sum and amount of alimony, the court takes into account some factors. The following are the conditions mentioned in South Carolina Code of Laws Section 20-3-130 based on which South Carolina divorce alimony is decided.
  • The length of the marriage
  • The age, physical and mental conditions of the spouse
  • The educational background of the spouse. The rehabilitative form of alimony is awarded to the spouse if the dependent spouse is up to completing a skill development program to get good employment opportunities. The employment history and the income potential is also another parameter for determining the sum of rehabilitative divorce alimony.
  • The standard of living of the spouses after and before the divorce
  • Child custody. The court is most likely to award alimony if the needy spouse is in required of the money as he or she is unable to move out for work for the interest of the health of the child.
  • The tax repercussions on the incomes of both the spouses after the payment of alimony.
The court of South Carolina has the special provision of awarding alimony by mentioning the former name of the receiving spouse. While going ahead with the South Carolina divorce alimony, you are recommended to consult an experienced divorce lawyer.

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