Greenville Spousal Support Lawyers

Different Types of Alimony in NC

In South Carolina, there are six basic types of alimony:

• Separate maintenance alimony. Separate maintenance is unique. In situations where spouses live apart but do not wish to divorce (in other words, are legally separated), the court can prescribe separate maintenance to help one spouse remain financially stable. The alimony payments may be terminated in the event of a divorce or if the parties begin cohabitating again.
• Alimony pendente lite. "Pendente lite" alimony, also called temporary alimony, is only in effect during the divorce. As soon as the divorce is finalized, the alimony is discontinued. This is common when a spouse needs help finding a new place of living during the divorce but can support themself financially after receiving that support and finalizing the divorce.
• Lump-sum alimony. In a lump-sum alimony arrangement, the payor has to pay out a set amount of alimony, either over multiple installments or in a one-time payment. This is more common when the payor has some disposable income, and the recipient needs a defined amount of alimony to become financially stable.
• Rehabilitative alimony. Sometimes, an alimony recipient doesn't have the necessary training or job experience to be financially independent once the divorce is finalized. Like lump-sum alimony, rehabilitative alimony is paid in a finite sum supplied in a single payment, or across several installments. However, unlike lump-sump alimony, rehabilitative alimony can also be terminated under several conditions, such as if the recipient remarries or their financial situation improves.
• Periodic alimony. In situations where an alimony recipient can support themself but needs some time to do so (for example, they need to find a better job), the payor may supply them with periodic alimony. Periodic alimony often lasts for a set amount of time and has certain stipulations tied to it. For example, periodic alimony is typically terminated if the recipient remarries or finds employment that enables them to be financially stable.
• Reimbursement alimony. Reimbursement alimony is paid in a finite sum like lump-sum and rehabilitative alimony in circumstances where one spouse contributed financially to the other's success under the impression those contributions would be "repaid," and deserves recompense for those contributions. For example, if a spouse pays for their partner's career training under the assumption a promotion will make both parties more financially stable, the partner who supplied the financial support may be awarded with reimbursement alimony in the event of a divorce.

What Factors Will the Court Consider in My Alimony Case?

Courts have a fair amount of leeway when deciding alimony cases, which is why receiving good legal counsel is crucial during alimony cases.

Some factors a South Carolina court will consider during alimony cases include:

• How long the marriage lasted. A longer marriage typically equates to a more substantial alimony arrangement, especially in cases where both parties are old, or one is incapable of supporting themself.
• Each spouse's mental and physical health. If your spouse cannot support themself due to a physical or psychological condition, you may need to supply them with more alimony to compensate.
• Each spouse's current employment, education, and earning potential. These factors play a large role in deciding how long an alimony recipient may need to receive periodic or rehabilitative alimony before they can reasonably be expected to support themself.
• The standard of living is established during the marriage. As we mentioned at the top of this page, courts try and ensure both parties maintain the same quality of life post-divorce they experienced while married.
• The outcome of the property division process. For example, whether you retain the entirety of the marital home in your property division case could impact how much spousal support you need to pay (or receive).
• Whether either party is already engaged in a previous alimony, child custody, or child support arrangement. If you have alimony, custody, or child support from a previous marriage (or child custody from your current marriage), it could impact the outcome of your case.
• How the proposed alimony arrangement would impact the payor. Courts do try and ensure that the payor's life isn't negatively impacted beyond a certain extent by the alimony arrangement.
• Whether marital misconduct plays a role in the divorce. Courts may award the recipient a more or less generous alimony arrangement, depending on whether marital misconduct factored into the divorce (and if so, how).