South Carolina Divorce Lawyers

Types of alimony a South Carolina divorce lawyer has to handle

Reimbursement alimony:

• A finite sum is paid either in a single installment or periodically
• Can be terminated on the death of either spouse or continued cohabitation of the supported spouse or remarriage
• Cannot be terminated or modified upon the basis of change in circumstances

Rehabilitative alimony:

• A finite sum is paid either in a single installment or periodically
• Can be terminated on continued cohabitation of the supported spouse or remarriage or death or either spouse or if a specific event occurs in the future
• Can be modified is there is change in the ability of the supportive spouse to pay the rehabilitative alimony or the good faith efforts of the supported spouse to become self supporting are frustrated

Lump-sum alimony:

• A finite sum is paid either in a single installment or periodically over a span of time
• Can be terminated only on death of the supported spouse
• Cannot be terminated or modified for other reasons

Periodic alimony:

• Can be terminated on death of either spouse or continued cohabitation of the supported spouse or remarriage
• Can be terminated or modified on the basis of altered circumstances

Grounds of divorce handled by South Carolina divorce lawyer

• No fault
• One year separation
• Habitual drunkenness including drug use
• Physical cruelty
• Desertion for a span of 1 year
• Adultery

Venue of execution of case

In this state, the venue of the execution of the case is decided as follows –

• In the county where the defendant lives when the case is filed
• If the defendant is a non-resident or can’t be found, then, in the county where the plaintiff lives
• In the county where the partners last lived as wife and husband. The exception to this rule is that is the plaintiff is a non-resident, then in the county where the defendant lives

While granting alimony, the Court considers the following factors …

• Standard of living established during the marriage
• Earning potential and employment history of every spouse
• Educational background of each spouse
• Emotional and physical condition of every spouse
• Age of both spouses
• Duration of marriage
• Presence and extent of any support from a previous marriage
• Tax consequences of each party due to a specific support
• Fault or marital misconduct of both or either parties
• Child custody
• Non-marital and marital properties of the parties
• Reasonably expected and current needs and expenditures of both spouses
• Reasonably expected and current earnings of both spouses
• Any issues which the Court thinks are relevant

Out of the above mentioned factors, any single one does not decide whether alimony is to be given. The Court may think that one factor is more important than other. It is in the best interests of the client to obtain legal recommendation whether the factors are applicable in the specific case.

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