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Getting married often requires sacrifices with your career, time, and resources. Sometimes these sacrifices, such as being a stay-at-home parent, can put you at a financial disadvantage after a divorce.
You might have left your career to stay home and raise your children. Or, maybe, you supported your spouse financially while they went to college. These sacrifices should be considered during the divorce process, especially since you are going from sharing a home and expenses to living on your own.
In South Carolina, alimony is a tool used by the Family Court System to ensure both spouses maintain the same or a similar standard of living after divorce. Alimony is the payment of money from one spouse to another at a predefined interval to ensure financial stability for both parties.
The type and amount of alimony is one of the major issues you will need to resolve during your divorce. Alimony is often crucial to maintaining financial well-being for spouses that sacrificed much during their marriage.
What Are The Different Types of Alimony in South Carolina?
In South Carolina there are 5 different types of alimony. The following table compares them.
| Type of Alimony | What Is It? | When Does it End? | Who’s it For? |
|---|---|---|---|
| Periodic Alimony | Continuous financial support for your ex-spouse |
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| Rehabilitative Alimony |
Financial support until your ex-spouse becomes self-sufficient Time to transition back to the job market |
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| Reimbursement Alimony | Reimburses the sacrificing spouse for what he or she expected to receive financially from the spouse’s new business or education/license. |
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| Lump-Sum Alimony | Unmodifiable, fixed payments for a particular amount of money |
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| Separate maintenance and support (Alimony pendente lite) |
Temporary financial support until a divorce is finalized |
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The type and amount of alimony you will receive or be required to pay is determined by many factors.
Below is a list of some of the major considerations that courts and/or your divorce mediator will look at:
- Length of the Marriage: Longer marriages may lead to more substantial alimony awards.
- Ages of Both Parties: Age impacts earning potential and financial needs.
- Physical and Emotional Conditions: Health conditions affect a spouse’s ability to work and support themselves.
- Educational Background: Education and training have a direct influence on earning capacity.
- Standard of Living During the Marriage: The main goal of alimony is to maintain the same level of lifestyle that was present during the marriage.
- Marital Misconduct or Fault: The court may consider fault-based grounds for divorce such as adultery when determining the amount of alimony.
- Employment History and Earning Potential: The ability of each spouse to earn income is crucial to alimony discussions.
- Property Distribution: Uneven property distribution can offset alimony obligations
- Who The Custodial Parent is: The amount of alimony can change depending on whether the parent with primary custody of the children is the supporting or supported spouse.
Can Alimony Change?
Most types of alimony can be modified or terminated if there are substantial changes in circumstances. This can include a change of jobs, disability, or retirement. You will need to request a hearing where a Family Court Judge will decide if alimony should be modified and by how much. Significantly, Reimbursement and Lump-Sum alimony cannot be modified.
When Does Alimony End?
The alimony table above shows that there are different events which can cause some types of alimony to end upon the occurrence of an event. In general, the only universal way that alimony ends is upon the death of one of the spouses.
However, for Periodic, Reimbursement, and Rehabilitative alimony, the remarriage of the receiving spouse can also trigger the ending of alimony. Alternatively, if the receiving spouse is found to be “cohabitating” with another person, that can also cause alimony to stop. In South Carolina, “cohabitation” – for the purpose of terminating alimony – occurs when the supported spouse lives with a romantic partner for 90 consecutive days or more.
Get More Say and Flexibility with Divorce Mediation
Alimony is an important component of most divorces. Unlike some other states, South Carolina does not have a fixed formula for determining alimony. Thus, it is up to a Family Court Judge’s discretion in regular divorce cases as to how alimony is rewarded. However, if you choose to mediate your divorce, you can negotiate an outcome that is agreeable for both spouses. Contact our office today to discuss if divorce mediation can work for you.
About Kenneth Peck
Kenneth Peck is a certified Charleston Family Court Mediator with more than 40 years of experience as a divorce attorney. He uses his knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.