In some divorce cases, the issue of alimony is the one that causes the most contention between the spouses. There are often very different expectations among each spouse about whether alimony should be awarded and what the terms of those payments should be in the aftermath of the divorce. Charleston alimony lawyers spend countless hours every year hammering out the terms of this heated issue.
What is alimony? Sometimes called “spousal support,” alimony is simply money paid to provide for the lower income spouse’s living expenses in post-divorce life. Alimony may be awarded whether a child is involved or not, as child support is a completely different issue.
Whereas child support payments are set using a strict formula that accounts for the incomes of both parents in a divorce, the terms of alimony are left solely at the discretion at the judge. Going into your Charleston divorce case, it’s important to understand what factors influence the judge’s decision regarding alimony and how a Charleston alimony attorney can help you through your case.
In South Carolina, the following factors are considered when the judge decides whether alimony should be a provision of the divorce, and what the payment terms are:
(1) duration of the marriage;
(2) physical and emotional health of the parties;
(3) educational background of the parties;
(4) employment history and earning potential of the parties;
(5) standard of living established during the marriage;
(6) current and reasonably anticipated earnings of the parties;
(7) current and reasonably anticipated expenses of the parties;
(8) marital and nonmarital properties of the parties;
(9) custody of children;
(10) marital misconduct or fault;
(11) tax consequences; and
(12) prior support obligations; as well as
(13) other factors the court considers relevant.
If you’re preparing for a divorce and need qualified legal counsel to advise you on matters of divorce, child support and child custody – contact a divorce and alimony attorney in Charleston today. Call 843-323-4341 or set up a free consultation here.