Alimony Attorney in Anderson, South Carolina
When going through the difficulties of divorce, you probably feel anxious about what to expect of your future. Where will you live? How will you pay your bills if you depended on your spouse for financial support? Or if you shared finances, how is alimony determined?
It’s natural to want to know the answers to these questions as soon as possible. However, those answers will depend on your specific situation and on South Carolina law. By working with an experienced family law attorney, you can learn about your options before you go to the table with your ex-spouse.
At the David F. Stoddard Law Firm, we are committed to listening to your story and helping you make the best decisions for you. As a small firm, we are dedicated to giving each of our clients the personalized attention your case deserves. Our team at the David F. Stoddard Law Firm proudly represents clients in Anderson, South Carolina, Northlake, Liberty Pickens, and anywhere in Greenville County.
Overview of Alimony in South Carolina
Each state takes its own approach to alimony. In South Carolina, alimony is the court-ordered payment from one spouse to the other. It could be court-ordered either while the divorce is being finalized, afterward, or both, and it is also known as spousal support.
There are several types of alimony available, including temporary, rehabilitative, reimbursement, lump-sum, and periodic alimony.
Temporary alimony can be awarded to one spouse during the time that it takes for the divorce to be finalized. It is known as alimony pendente lite in the courts.
Rehabilitative alimony is intended to help the spouse who was out of the workforce the longest. The most common type of alimony can be awarded to the spouse who sacrificed their career to take care of children or put the other spouse’s career first.
On the other hand, one spouse may have worked full-time to support the other while they attended school prior to beginning their career. When this is the case, the spouse that worked and financially supported their partner while they went to school (or to another type of training) may be eligible to receive reimbursement alimony for the financial support they gave during that time.
In some cases, the court may order one spouse to pay the other a lump sum during the divorce proceedings. Speak with a knowledgeable family law attorney to learn more.
When one spouse only needs financial support for a set period of time before they can get back on their feet, the court may order periodic alimony.
It is also possible for the court to order separate maintenance. When spouses are living apart but don’t want to divorce, this type of spousal support may be ordered.
Who is Entitled to Alimony?
Who is entitled to alimony often depends on many factors; in South Carolina, there are a few factors that may prevent someone from being entitled to receive alimony.
If one spouse was at marital fault – meaning they committed adultery, drug abuse, or domestic violence, then they may not be entitled to alimony.
Also, if you signed a prenuptial agreement, you may not be entitled to receive alimony. Speak with an experienced South Carolina family law attorney to learn more about whether you are entitled to alimony.
How is Alimony Determined?
The court will consider many factors when calculating alimony. Some of those factors include each spouse's:
Level of education
Ability to earn income (including the job market for each spouse’s field)
The time it would take to gain job skills if needed
Custody of any children
Ability to meet the needs of any dependent children
Ability to keep up the standard of living established during the marriage
These are some, but not all, of the factors the court considers when determining alimony.
When Does Alimony End?
The court will set the end date for alimony, and it is typically based on the length of the marriage. Usually, one year of alimony is to be paid for every three years of marriage; however, this is not always the case. In some cases, the judge will award permanent alimony.
Making Changes to
Current Alimony Agreements
If you currently have an alimony agreement that you aren’t satisfied with, it may be possible to change it. When a significant life change happens, that could be grounds for modifying alimony. Speak with a knowledgeable family law attorney to learn more.
Alimony Attorney Serving Anderson, South Carolina
Take the right steps to protect your financial security and future. Our team at David F. Stoddard Law Firm is ready to help you take action. With over 25 years of experience in South Carolina, our attorney will guide you through each step of the legal process. We proudly serve clients in Anderson, South Carolina, Northlake, Liberty, Pickens, or anywhere in Greenville County. Call our firm to schedule your free meeting.