Alimony in South Carolina

 

Types of Alimony

In South Carolina, the family court has the discretion to make any alimony order that is appropriate, considering the couple’s circumstances. South Carolina law provides for four different types of alimony:

 

Periodic alimony: The family court most commonly awards periodic alimony. Periodic alimony is paid in ongoing, regular installments -- usually monthly -- to the supported spouse. The family court will award periodic alimony for a certain period of time or permanently. The family court may review and modify the alimony award in the future if there has been a substantial change in the spouses' circumstances.

 

Lump sum alimony: Lump sum alimony is fixed amount of support determined by the family court. The court determines the total and final amount of alimony at the time the order is made. Lump sum alimony is paid either all at once or in a few installments. The amount cannot be changed after the order is made, and thus lump sum alimony is not commonly awarded by the family court.

 

Rehabilitative alimony: The purpose of rehabilitative alimony is to help a spouse who has been out of the workforce or for some other reason does not presently have the ability to earn much inocme. The amount and structure of the alimony is intended to allow the supported spouse to further their education or job training to improve job skills and earn more money. The court will determine the total amount of support when the order is made, to be paid in one payment or, more commonly, in installments over time.

 

In South Carolina, this type of alimony is typically awarded when the marriage had a shorter duration; one of the parties did not work during the marriage; and the supported spouse can earn a higher income if given alimony for enough time to acquire employable skills.

 

Rehabilitative alimony may be terminated upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse or the occurrence of a specifric event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the support spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony. S.C. Code Ann. § 20-3-130(B)(3).

 

Reimbursement alimony: The purpose of reimbursement alimony is to compensate a spouse for support, whether financial or personal, that allowed the other spouse to get training or education that contributed to his or her earning capacity. For example, a judge could order reimbursement alimony to a spouse who worked and supported the family during the marriage while the other spouse went to school. The court will determine the total amount of reimbursement support at the time the order is made, and the paying spouse will provide the payments in one lump sum or in installments over time.

 

Reimbursement alimony may be terminated upon  the remarriage or continued cohabitation of the supported spouse, or upon the death of either spouse, but it may not be terminated or modified based upon changed circumstances in the future. S.C. Code Ann. § 20-3-130(B)(4).

Duration of Alimony

How long an alimony order lasts depends on the type of alimony a court awards.

 

Periodic alimony: Periodic alimony is ongoing, but it will end early if the supported spouse remarries or lives with another person in a romantic relationship for 90 days or more. This type of order also ends if either spouse dies, unless the order states that the payments continue after the paying spouse dies.

 

Lump sum alimony: Lump sum alimony ends after the total amount is paid. It ends early only if the supported spouse dies before the full amount is paid.

 

Rehabilitative alimony: Rehabilitative alimony ends when the total amount is paid. It will end early if the supported spouse remarries or lives with another person in a romantic relationship for 90 days or more. This type of order also ends if either spouse dies, unless the order states that the payments continue after the paying spouse dies. The order might also specify that the alimony will end if a specific event occurs, such as if the supported spouse gets a job. The court might extend the order if something happens to prevent the recipient spouse from working towards becoming self-supported. Likewise, the court may end the order early if the paying spouse is no longer able to continue the payments due to changed circumstances.

 

Reimbursement alimony: Reimbursement alimony ends when the total amount is paid in full. It will end early if the supported spouse remarries or lives with another person in a romantic relationship for 90 days or more. It also ends if either spouse dies, unless the order states that the payments continue after the paying spouse dies.

 

 

Factors the Court Considers in Making an Alimony Order

When deciding whether to order alimony and in determining the type, amount, and manner of payments, as well as how long the order will be in place, South Carolina courts will consider:

• the length of the marriage

• the age of the spouses when they got married and at the time of the divorce

• each spouse’s educational background, and whether either spouse needs additional education or training to increase earning ability

• each spouse’s physical and mental condition

• each spouse’s employment history and earning ability

• the standard of living during the marriage

• the current earnings of the spouses and any expected changes in their incomes

• the current expenses of the spouses and any expected changes in their expenses

• each spouse’s separate and marital property, including property awarded in the divorce or separation proceedings

• which spouse has custody of the children and whether that spouse can be expected to work outside of the home or on a full-time basis

• any misconduct or fault of either spouse that affected the couple’s financial circumstances or contributed to the breakup of the marriage, if the misconduct happened before the spouses signed an agreement dividing their property or before the court entered a permanent order for separation or divorce

• tax consequences of support payments to each spouse, and

• whether either spouse is paying support to another person.

•  

 

Separate maintenance and support 

The court may order separate maintenance and support when the spouses are not asking for a divorce but are no longer living together. This type of support is paid on a regular basis, usually monthly. The court may modify the order if circumstances change.

 

Duration: Separate maintenance and support ends if the spouses divorce or if the supported spouse lives with another person in a romantic relationship for 90 days or more. It also ends if either spouse dies, unless the order states that the payments continue after the paying spouse dies.

 

 

Taxes on Spousal Maintenance

In general, the spouse paying support can deduct the payments from income. For the spouse receiving support, the payments count as income and are taxable.