When one party to a divorce has a lot more financial liquidity or earning capacity than the other, state law allows the court to include an order for spousal support – referred to legally as “alimony” – in their final divorce decree. However, the specific type and amount of alimony awarded can vary from case to case.
Whether you want to pursue spousal support payments from your soon-to-be ex, refute the need to pay alimony, or modify an existing support order, our family law attorney can help you seek a positive outcome. Once retained, an Anderson spousal support lawyer could explain what kind of alimony order your circumstances might warrant and help you emphasize specific factors before the court that might help you obtain a more favorable arrangement.
Types of Alimony Available to Anderson Couples
According to South Carolina Code of Laws §20-3-130, there are four types of alimony that a local court may order during a divorce case. The court may order different durations of support depending on how long it takes the recipient to gain the necessary skills with good-faith effort. The most common type of spousal support in Anderson is periodic alimony, which is paid monthly unless and until one party shows a substantial or material change in circumstances.
Alternatively, a court may order lump-sum alimony to be made in one payment or order rehabilitative alimony, which is meant to support one spouse until they are able to get enough education or job training to support themselves after divorce. Finally, a court may order reimbursement alimony if one spouse paid for the other’s educational or occupational pursuits. Our diligent lawyer could help a spouse present a strong case for why spousal support is or is not warranted.
What Factors do Courts Consider when Deciding Spousal Support?
State law lists specific factors that a court must consider when deciding whether to order alimony, as well as the type, duration, and value of payments. These factors include:
- The marriage’s duration
- Each spouse’s age when they got married and when their divorce is finalized
- Each spouse’s physical and emotional condition
- Each spouse’s employment history, educational background, and future earning capacity
- Each spouse’s current and expected future earnings and expenses, as well as expected tax consequences of alimony
- The couple’s standard of living while married
- What property the divorce decree awards to each spouse
- Whether one parent’s child custody rights could inhibit their ability to hold gainful employment
- Any existing spousal or child support orders from previous marriages applicable to one or both spouses
- Any marital misconduct or fault that led to the divorce
- Any other relevant factors, at the court’s discretion
If any of these factors change significantly over time, a spousal support lawyer in Anderson could help an impacted party seek a modification of their existing order to reflect their change in circumstances.
Let an Anderson Spousal Support Attorney Help
Getting the alimony arrangement you need can be challenging without assistance from qualified legal counsel. Local courts have rigid procedures they must follow for spousal support decisions, and even a previously established agreement with a spouse still requires court approval and could face unforeseen challenges during divorce proceedings.
Guidance from an Anderson spousal support lawyer may be critical to achieving a favorable case outcome. Call today to learn more.