South Carolina divorce alimony is very important because it helps the needy spouse to be financially taken care of to live after marriage.
The state understands that no two divorces are the same, and that is why it has provided for several forms of alimony that apply to the conditions of the couple.
Maintenance is aimed at providing for the needs of the couple, as well as covering the shortcomings in finances that may occur between the two partners in case one has been supporting the other during the marriage.
It is crucial to know the different types of alimony when going through a divorce because it will enable the involved parties to seek what is rightfully deserved by each of them.
Alimony has a few different types, as mentioned below.
- Periodic Alimony
This type of alimony is the periodic or the permanent alimony, which are payments made to the financially dependent spouse for an unspecified duration of time. The main aim of this type of alimony is to make sure that the recipient continues to be supported, and can live as they were used to during their marriage.
It is usually provided periodically, monthly or quarterly, up to a material change in circumstances of the recipients or the paying spouse attains the age of retirement.
Periodic alimony is most often given in the context of long-term marriages especially where one spouse has been contributing to the family without earning a reasonable income.
For instance, if one partner was a stay-at-home mum or dad and the other was the breadwinner, this type of alimony enables the non-employed spouse to sustain him or herself when the marriage dissolves.
Even though periodic alimony is regarded as continuing, it may be changed or even stopped under stated circumstances. If the recipient spouse gets a new partner in terms of marriage or cohabitation, the alimony may be ceased.
Further, changes in the financial situation of either of the spouses like job loss, disability, or improvement in the income level also result in a modification. South Carolina courts scrutinize such cases to decide if there is a need for a modification of the alimony provision.
- Lump-Sum Alimony
Lump-sum alimony refers to a one-shot payment that is made to cover all the future to pay alimony payments that may be required from the paying spouse until the death of the recipient spouse.
Whereas in other types of alimony, the paying spouse makes regular payments to the recipient spouse over some time, they make a one-time payment of a lump sum to the recipient spouse. Such a structure is reasonable in cases where both the buyer and the seller do not want to have a long-term relationship with each other regarding periodic payments.
Earnings-based alimony may be less suitable for cases when the spouses wish to bring their divorce to its logical conclusion and sever all financial ties. This is usually applied where the paying spouse is in a position to afford the payment in one go or where the recipient desires the money immediately.
Lump-sum alimony is also preferred in those situations where one spouse has doubts about the other spouse’s capability or desire to continue making the payments in the future, thus providing the recipient with the certainty of having the lump sum at the time of the divorce.
Lump-sum alimony, once granted, cannot be changed or stopped under any circumstances, even if the recipient has remarried. Because of this finality, some find it a good choice; however, both parties have to think about the long-term consequences of entering into the arrangement.
- Rehabilitative Alimony
Rehabilitative alimony is a short-term kind of maintenance designed to enable the spousal support receiving it to be self-supporting upon the termination of the marriage. This type of alimony is intended to help the recipient for a short period while he or she seeks to enhance his or her ability to earn income.
The purpose here is to enable the spouse to be independent in a given period and not to be a burden to the other by being financially dependent.
Rehabilitative alimony is often ordered in cases of short-duration marriages especially if one of the spouses needs time to go back to work or to upgrade his or her education to get a job.
For example, if one spouse was a homemaker and the other a breadwinner, where the breadwinner left to work while the homemaker cared for children, the homemaker spouse may be granted rehabilitative alimony to enable him/her to be trained and obtain the necessary qualification to work.
This type of alimony is also observed when one spouse supports the other’s career and now requires financial assistance to build their career.
Judges in South Carolina demand the payer come up with a comprehensive plan for the recipient’s rehabilitation before providing rehabilitative alimony.
- Reimbursement Alimony
Reimbursement alimony is intended to provide one spouse with monetary recovery of the expenses incurred by him or her during the marriage, which were for the benefit of the other spouse.
This type of alimony is usually awarded in cases where one spouse supported the other through major activities such as paying for his or her education or helping him or her to build a career, only for the marriage to dissolve before the two could reap the fruits of their efforts.
Reimbursement alimony is considered to be a means for the supporting spouse to be compensated for the contributions that he/she has made.
For instance, if one spouse was employed while the other pursued a law or medical degree, reimbursement alimony would then pay the employed spouse back for the money that they had spent on the other spouse’s education.
This captures the notion that the house spouse should be compensated for the sacrifices he or she made that helped the other partner to grow professionally or financially, even if he or she does not benefit from this after the divorce.
Reimbursement alimony is paid in a lump sum or in a determined amount which is meant to cover the certain losses or expenses incurred by the supporting spouse. In contrast to other types of alimony, it cannot be altered once granted to the other spouse.
- Separate Maintenance
Separate maintenance and support alimony is the money that is paid to one spouse during the legal separation of the couple but before they divorce. Unlike alimony which is provided for after dissolution of marriage, separate maintenance guarantees the dependent spouse adequate financial means for the duration of the separation.
This kind of support is very important to ensure that both parties are financially secure throughout the divorce. Temporary support is intended to provide for basic needs such as food, shelter, utilities, and other needs until the final divorce is granted.
It assists in making sure that the spouse who is earning less or the spouse who decided to be a stay-at-home mum can be able to afford a decent lifestyle during the process of separation.
This is especially so when the couple is living apart, and the dependent spouse has no access to the monies that were available to the couple during the marriage.
After the divorce, the court may decide to change the type of separate maintenance into periodic or lump-sum alimony depending on the terms of the divorce.
- Temporary Alimony (Pendente Lite)
Pendente lite alimony is the name given to the form of alimony where one spouse is paid a certain amount of money to support him/her during the trial of the divorce.
Temporary alimony’s main goal is to guarantee that the financially dependent spouse will have a certain amount of financial security during the long time it takes to finalize the divorce.
This support assists in paying basic needs for shelter, light, food, and other necessities in the course of waiting for the case determination.
Temporary alimony is simply an effort by the court to provide for the needs of the disadvantaged spouse if the other spouse is denying him/her access to the funds that were accumulated during marriage. This is particularly true in situations where one of the spouses was financially dependent on the other during the time that they were together.
Temporary alimony ceases once the court makes a final order on the alimony as provided in the divorce judgment. At this stage, the court decides on the future maintenance, if any, and that can be periodic, lump-sum, rehabilitative alimony, or none at all.
Considerations Made in Awarding Alimony
After considering the duration of the marriage in SC, other factors are considered to arrive at a fair determination of alimony. Another factor is adultery or the duration of the marriage where the marriages that have been in existence for a long time are likely to attract an award of alimony especially if the affected spouse has been reliant on the other spouse for a long time.
The court also determines the financial capacity of each of the spouses before the death of either spouse in terms of income and earning capacity as well as property. This assists in establishing whether one of the spouses requires financial assistance and whether the other is capable of providing the same.
Other factors include the living standard during the marriage period. The court seeks to ensure that the dependent spouse continues to live the same style he or she used to lead after the divorce especially if the standard of living was high.
Also, the court will look at the physical and emotional state of each spouse, and whether the spouse has a medical condition that prevents him/her from working.
In South Carolina, fault can also play a huge role in determining whether alimony will be awarded and if so, the amount to be awarded. For example, if one person is in a romantic relationship with someone other than their spouse, he or she may be prohibited from getting alimony under certain conditions.
At Max Hyde Law Firm, our dedicated team of professionals ensures that every client receives the personalized attention they deserve. Let us guide you through the complex legal issues surrounding your alimony case. Contact us at (864) 804-6330 to schedule a free consultation and secure the financial support you’re entitled to during and after your divorce.
