Alimony Spousal Support Lawyer Spartanburg

Factors Considered by Spartanburg Courts in Determining Alimony

In deciding on the type and amount of alimony South Carolina courts consider the following factors to arrive at a fair and reasonable decision for both parties.

These factors are supposed to reflect the parties’ financial situation, probable financial requirements, and the general conditions of the marriage and its possible dissolution. Here’s a closer look at the key legal criteria considered

Duration of the Marriage

The duration of the marriage is also considered in the determination of alimony awards. Normally, marriages going on for a long time are more likely to have an alimony award, particularly permanent or long-term alimony.

This is because, as the period of marriage increases, a couple’s financial affairs become more entangled and one of the partners may become financially reliant on the other.

The age and physical/mental status of each of the spouses

The age and health of both spouses are some of the most important factors that must be considered. Physical ailment or old age may mean that a spouse cannot work and provide for him or herself, and this is where alimony comes in handy.

On the other hand, a young and healthy spouse may be required to find a job and become economically productive much faster.

Standard of Living During the Marriage

Courts try to make both individuals live a lifestyle that is as close to the lifestyle they had during marriage as possible. This, however, does not mean that both spouses will have to go on living their lives as they did during the marriage; however, the court will attempt to ensure that the difference in the financial status of both spouses is as small as possible.

Each Spouse’s Income and Earning Potential

Each spouse’s current and foreseeable future income is considered. This encompasses their present remunerations or wages, education level, skills, working experience, and expected employment in the future.

A large dissimilarity in earnings capacity may result in an award of alimony to equalize the parties’ incomes.

Modification and Termination of Alimony in Spartanburg

Spousal support, which is supposed to help pay bills after the divorce, is not permanent. However, there are certain conditions under which alimony may be set aside, or altered in South Carolina.

Paying and receiving spouses must have proper knowledge of these conditions to manage their financial lives better.

Grounds for Modification

Alimony can be changed when circumstances change significantly and impact the financial position of either of the couple. Common grounds for modification include

Significant Change in Income

If the paying spouse has been unfortunately laid off from work, demoted, or retired, then the court may decrease the amount paid in alimony. On the other hand, if the recipient spouse’s income rises, the supporting spouse may ask for a decrease in alimony.

Changes in Financial Needs

Alimony may be reduced if, for instance, the receiving spouse has secured a job, has been given a legacy, or has received a windfall.

Health Issues

Either, if there is a change in the health status of either of the spouses, the marriage can undergo modification. If the paying spouse becomes ill and has to spend a lot of money on medical bills, then he/she can approach the court to reduce the amount of alimony.

Cost of Living Adjustments

The increase in cost of living is another reason since the initial alimony order may have yet to consider inflation or increasing cost of living.

Termination of Alimony in Spartanburg, S.C

Alimony does not always continue indefinitely and can be terminated under certain conditions. Alimony does not always continue indefinitely and can be terminated under certain conditions:

Remarriage of the Recipient

Alimony usually ceases if the receiving spouse gets a divorce and marries again. The court considers the new marriage to be a change in circumstances regarding the financial aspect of the new marriage, in which the new spouse is expected to contribute to the economic needs of the receiving spouse.

Cohabitation

When the receiving spouse lives with another person in a marital-like relationship, the court can stop alimony. The new partner is expected to bring in an income, cohabitation is seen to be similar to remarriage.

Death of Either Spouse

The death of either the payer or the payee terminates maintenance payments. The responsibility of paying does not pass on to the deceased’s estate unless the order is provided during the divorce process.

Court Order

The court can also stop alimony if the circumstances which led to the grant of alimony are no longer there or have significantly changed.

Legal Process for Modification or Termination 

Requesting a modification or termination of alimony involves several legal steps.

Filing a Petition

The spouse who wants a change or complete cessation of alimony must file a petition with the family court that awarded the alimony in the first place.

This petition must state why there is a need for the change and should include supporting documents of the new change in circumstances.

Serving the Petition

The petition must be delivered to the other spouse, and the latter is allowed to reply. The response may contain arguments against the modification or the termination.

Both parties may be required to come up with convincing reasons why the modification or termination should or should not be done.

Court Hearing

A hearing will be set and both parties must come and state their case. The judge will go through the evidence, which may include; financial statements, people’s statements, and other evidence deemed relevant by the judge.

Judicial Decision

Thus, the judge will determine whether or not to grant the modification or termination based on the presented evidence.

The judge’s decision will be made based on whether the requested change is reasonable and warranted in light of the circumstances.

Appeals

Should the plaintiff or defendant not be satisfied with the court’s verdict, an appeal is possible.

Appeals are rather intricate, and the appellant must prove that the judge made a legal mistake during the trial.

Tax Implications of Alimony in Spartanburg

Alimony has some tax implication laws and is another important area of the tax code that the payor and the recipient must be aware of alterations in federal tax laws and state laws governing alimony that affect how the payments are treated financially. 

Federal Tax Changes

The Tax Cuts and Jobs Act (TCJA), which took effect on January 1, 2019, brought significant changes to the tax treatment of alimony.

Alimony is No Longer Taxable Income for the Recipient

Thus, under the TCJA, the alimony payments made under divorce or separation agreements entered into after the date of enactment, that is, January 1, 2019, are not tax-deductible for the payer.

This is a new approach from the previous law in which the payer could claim deductions on the amount of alimony they paid to the payee and this was usually associated with large tax reliefs.

Likewise, under the new law, the receiving spouse does not have to include alimony as a taxable income. Before, alimony recipients were forced to add the payments to their gross income which could place them in a higher tax bracket.

Grandfathering of Pre-2019 Agreements

Also, it is necessary to mention that these changes will only affect the divorce or separation agreements made and signed after December 31, 2018. 

Any agreements signed before this date tend to fall under the previous tax laws unless the deal has been renegotiated after 2018 and the new tax laws are stated in the new deal.

Implications for Negotiating Alimony

The introduction of the TCJA has an impact on alimony negotiations. Due to the reform where tax deductions for the paying spouse have been removed, there might be less motivation to accept paying larger amounts of alimony.

These tax considerations should also be considered when negotiating for alimony.

State Tax Considerations

While federal tax laws have shifted under the TCJA, it’s also important to understand how alimony is treated at the state level: While federal tax laws have shifted under the TCJA, it’s also important to understand how alimony is treated at the state level:

Federal Tax Treatment Is Followed in South Carolina

As for the federal tax treatment of alimony, South Carolina generally follows it. Thus, on the state level, alimony payments are not tax-deductible by the payer and are not considered the recipient’s gross income.

This means that the federal tax changes that came with the TCJA also apply when calculating the state taxes of South Carolina.

Consequences of State Income Taxes

Since under South Carolina law alimony is not considered taxable income for the recipient, it does not contribute to the recipient’s South Carolina taxable income.

 Likewise, the payer cannot claim these payments when filing the South Carolina state taxes, as with the federal taxes.

Consideration for Pre-2019 Agreements

As for the agreements made before January 1, 2019, South Carolina may continue recognizing the federal tax treatment, according to which alimony is deductible for the payer and taxable for the recipient as under the prior rules.

This can produce some confusion and therefore it is recommended that one seek the services of a tax expert if their alimony arrangement fits this description.

Potential Future Changes

Since tax laws are constantly changing, one should monitor any future changes at both the federal and state levels regarding the tax treatment of alimony.

It is recommended to consult with a tax advisor or attorney regularly to ensure one complies with all the requirements and uses all the available opportunities to manage the taxes effectively.

How Our Spartanburg Alimony Support Lawyers Can Help You

Divorce is generally regarded as a painful and costly procedure, however, with proper legal assistance it is much easier.

At Max Hyde Law Firm, our divorce lawyers will help you through the entire process, making sure you get the best legal representation. Here’s how we can help.

Comprehensive Legal Guidance

Divorce encompasses a vast array of legal matters such as the distribution of property, child support, and spousal support. Our lawyers explain to you the legal position and all the available legal remedies.

We guide you through all the legal issues related to family law and provide you with concise and understandable legal advice that will be suitable for your case.

Skillful Negotiation and Mediation

Most issues concerning divorce can be discussed and agreed on with the help of a lawyer or mediator and do not necessarily require trial.

The divorce lawyers that we have are very good negotiators who seek to get the best results without having to go to trial. We advocate for you by ensuring you come to mutually agreed terms on issues like the distribution of properties, child support, and spousal support.

Aggressive Representation in Court

If your divorce case proceeds to trial, our attorneys are ready to represent you in court. We establish well-grounded arguments to support your side of the case having conducted comprehensive research.

No matter whether the divorce is bitter or you are having a dispute over child custody or the distribution of properties, our lawyers will fight for your rights and ensure you get the best result.

Personalized Support and Communication

It has been established that divorce is a very sensitive matter and that is why we respect the clients’ decision.

With us, you can be sure that your questions will be answered and you will be updated at every stage of the work. We foster the free flow of information, making sure that you are always encouraged and comfortable with the decisions that are being made.

Safeguarding Your Financial Future

Alimony issues are generally one of the most difficult aspects of the divorce process and must be solved. The consequences are of a financial nature which may influence your financial situation in the future.

This is why it is not only beneficial to have an experienced attorney on your side, but it is necessary. An attorney is not just a source of legal information but also advice and planning based on your specific case and the laws in your area regarding alimony.

We are a team of professionals committed to the individual approach to every client who comes to us. Stay out of this procedure on your call Max Hyde Law Firm at (864) 804-6330 now and book a free consultation to guide you to protect your money.