Divorce is never easy—especially when tackling financial issues.

Understanding how alimony is determined can help residents in Columbia, South Carolina, manage expectations and ensure a fair outcome during one of life’s most challenging transitions.

In this post, we’ll break down how alimony works in South Carolina, the factors that influence its determination, and how to get help from an experienced family law attorney.

What is Alimony?

Spousal support, or alimony, is a financial support payment that one spouse may be ordered to pay to the other after a divorce. It’s intended to help the lower-earning spouse maintain a standard of living similar to what they experienced during the marriage.

A judge determines this based on the difference in each party’s earnings, and the paying spouse pays a percentage of that difference.

Types of Alimony in South Carolina

In South Carolina, alimony can be awarded in several different forms, depending on the circumstances of the case. Some include:

• Temporary Alimony: This is paid while the divorce is pending to help the lower-earning spouse with basic living expenses.
• Rehabilitative Alimony: Awarded when a spouse needs support while they become financially independent (e.g., through job training or education).
• Permanent Periodic Alimony: Awarded when one spouse is unlikely to be able to support themselves due to age, illness, or other factors.
• Lump-Sum Alimony: A one-time payment instead of periodic payments.
• Reimbursement Alimony: Awarded when one spouse has financially supported the other spouse’s education or career advancement.

How Is Alimony Determined in South Carolina?

Alimony decisions in South Carolina are based on several key factors. Understanding these factors can help you prepare for how a judge may approach your case. Working with an experienced family law firm in Columbia, SC, can help ensure your interests are represented throughout this process.

Key Factors Considered by South Carolina Courts:

1. Length of the Marriage: A longer marriage typically results in a larger alimony award, especially if one spouse is unable to support themselves independently. For example, marriages of 10 years or more are more likely to result in permanent alimony.
2. Standard of Living: The court aims to maintain the standard of living that the spouse receiving alimony had during the marriage. This means that South Carolina residents with more affluent lifestyles during marriage may receive higher alimony payments.
3. Earning Capacity and Financial Resources: A spouse’s ability to support themselves is a key factor. If one spouse is unemployed or underemployed, they may be entitled to alimony. Conversely, if a spouse has the ability to earn a substantial income, alimony may be limited or denied.
4. Age and Health: The age and health of both spouses play an important role in alimony decisions. Older spouses or those with health issues may receive more support if they cannot work.
5. Contributions to the Marriage: The court considers both financial and non-financial contributions made by each spouse. This includes homemaking, child-rearing, and emotional support, which may influence the amount of alimony awarded.
6. Fault in the Divorce: Although South Carolina is a no-fault divorce state, fault can still play a role in determining alimony. If one spouse committed adultery or engaged in other harmful behavior, this may reduce or eliminate their eligibility to receive alimony.

How Does Adultery Affect Alimony?

In South Carolina, adultery is one of the few circumstances that can affect alimony determinations. A spouse who commits adultery may be denied alimony or have the amount reduced significantly. According to South Carolina’s divorce laws, if a spouse’s adultery is proven, it can serve as grounds for denying them alimony.

It’s important to remember that alimony is not a punishment for the paying spouse, even if they committed adultery. It is a financial tool to help the receiving spouse reasonably support themselves.

If you’re concerned about the impact of adultery on your alimony case, it’s important to consult a local family law attorney who can help you gather the proper evidence.

How Long Does Alimony Last in South Carolina?

The length of time alimony lasts depends on several factors, including the length of the marriage and the recipient spouse’s ability to support themselves. In South Carolina, there are generally three scenarios for how long alimony lasts:

1. Temporary Alimony: Ends when the divorce is finalized.
2. Rehabilitative Alimony: Ends when the spouse becomes financially independent (often after receiving education or job training).
3. Permanent Periodic Alimony: Continues until the recipient spouse remarries, either spouse dies, or the court orders a modification.

In rare cases when it can be proven, cohabitation with a partner can be grounds to discontinue alimony payments.

If either spouse’s circumstances change significantly (such as a job loss, serious illness, or remarriage), the alimony arrangement can be modified through the court.

How to Request Alimony Modifications in Columbia, SC

If you are receiving or paying alimony in South Carolina and your circumstances change, you may be able to request a modification of the alimony order.

In South Carolina, the process for modifying alimony involves filing a motion with the court and proving that a substantial change in circumstances warrants the change.

For example, if the spouse paying alimony loses their job at no fault of their own or retires, a court may adjust the alimony amount.

Local family law attorneys in Columbia can help guide you through this process.

How Alimony Affects Child Support in South Carolina

In South Carolina, alimony can impact child support calculations. Courts typically consider alimony payments as part of the receiving spouse’s income. This means that if one parent receives alimony, their income increases, which could lower the amount of child support the other parent is required to pay. Similarly, if a parent is paying alimony and their available income decreases, it could reduce their child support obligation.

However, it’s important to note that child support and alimony are treated separately. Even if the custodial parent forfeits alimony, they may still be entitled to receive child support. Child support is meant solely for the care and well-being of the child, not the former spouse.

South Carolina Tax Laws & Enforcement for Alimony

Tax Laws

Before 2019, people paying alimony could subtract it from their taxes, and the person getting alimony had to pay taxes. Now, federal law has changed. If the divorce happened after 2018, the person paying alimony still pays taxes on that money.

Enforcement

In South Carolina, alimony payments are legally enforceable. If the obligated spouse fails to make timely payments as outlined in the court order, the receiving spouse may initiate legal action to enforce the agreement.

Failure to comply with a court-ordered alimony obligation can result in serious consequences, including being held in contempt of court. Contempt of court can lead to fines, imprisonment, or other penalties as determined by the judge.

Navigating Divorce Laws in South Carolina

Alimony can be a complicated and emotionally charged part of divorce proceedings. Understanding how South Carolina courts determine alimony for Columbia residents can help you navigate this challenging process.

Whether you’re seeking alimony or responding to a request, working with a skilled family law attorney can ensure your financial interests are protected.

If you’re facing divorce and alimony concerns in Columbia, SC, contact Goodwyn Law Firm for guidance tailored to your specific needs.