There is no determined period of time for alimony payments. You may have to pay alimony for a month or for several years on end. It is basically a court-appointed payment required to be paid by one spouse to another during the divorce process. The duration of alimony depends on different events such as the death or remarriage of the supported spouse.
The alimony from divorce depends on the type of alimony the court decides in your alimony agreement after divorce. An experienced alimony attorney in Greenville can help you learn about all the different types of alimony in South Carolina. It is best to consult an experienced family law attorney to get more details about the type of alimony awarded to you by the family court judge.
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Types Of Alimony in South Carolina
When you are in South Carolina you can request alimony and then it is at the court’s discretion to decide your award of alimony depending on the terms of your divorce settlement agreement. Here are some of the types of court-ordered alimony.
1. Permanent Periodic Alimony
Periodic alimony is one of the most common types of alimony awarded in South Carolina. This is basically for the separate support and maintenance of the other spouse. This is awarded when the court finds it important for one spouse to support the other. This can be paid on a weekly basis or monthly.
This form of alimony is stopped if certain instances take place. For instance, if the supported spouse dies or if they remarry, they will no longer be eligible for permanent periodic alimony. Moreover, even if the supported spouse cohabits with another partner they are in a romantic relationship with for longer than 90 days then also they will lose their eligibility for periodic alimony.
Keeping the circumstances in mind, periodic alimony agreements can be reviewed and further modified after divorce proceedings.
2. Rehabilitative Alimony
Rehabilitative alimony is usually awarded when the marriage is of short duration or when the spouse can become self-supportive through further education and training within the rehabilitative time frame. Rehabilitative alimony is a finite sum that can be paid in one installment or periodically. It terminates upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse, or the occurrence of a specific event in the future. It can also be modifiable based upon unforeseen events that frustrate the good faith efforts of the supporting spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony.
3. Reimbursement Alimony
The reimbursement alimony is awarded in a situation where the court finds the circumstances to be important for the reimbursement of the supported spouse. The reimbursements are made from the future earnings of a payor spouse and these reimbursements depend on all the events that happened during the marriage.
For instance, if a spouse invests in the educational attainment of the other spouse. However, there is no limit for the investments to be financial only. It can also include reimbursement alimony on all the time and effort spent during the relationship by taking care of the children and the house at large.
This type of alimony award can be paid in a single installment or it can be paid over a period of time. The termination of such alimony is possible if the supported spouse remarried or is currently cohabiting with a romantic interest. It will also nullify the death of either spouse. Such claims of alimony are rarely awarded.
4. Lump Sum Alimony
This concept of alimony is awarded whenever the supported spouse needs a determined amount of financial assistance. This includes a fixed support obligation and the installment should be paid in a single installment or if you want you can also pay it over a period of time. There can be no modifications to the amount to be paid. No matter what the economic circumstances are of the two spouses, there is no flexibility in the amount of the alimony.
Laws About Cohabitation And Alimony
The law in South Carolina talks about cohabitation when a supported spouse is living with a romantic interest for more than 90 days. If cohabitation is an issue for the paying spouse then they can ask for a review of the alimony form whether it is periodic, rehabilitative, or reimbursement.
Factors Essential in the Calculation of Alimony
There are several factors that are kept in consideration when calculating the paradigms of alimony calculations. Here are some of the factors in alimony guidelines:
- The period of marriage
- Ages of spouses when they got married and when they got divorced
- The emotional condition of both the parties
- Educational background and other additional training they might have taken for an increase in the income potential
- Employment history and income-earning potential
- Standard of living during the marriage
- Anticipated earnings of both the parties and the amount they earn at the moment
- Needs and other anticipated expenses of each party
- The limitations that come with having custody of children and being unable to seek employment.
- Fault or other misconduct in the marriage
- Consequences of tax on both parties
- Whether the court has ordered either of the spouses to support the other or pay for dependent children.
Can I Change The Duration Of Alimony?
The court will decide the type of support you have to provide your spouse. The duration of the alimony is entirely dependent on the court:
Alimony Pendente Lite
As soon as the judge finalizes the divorce the alimony is. There is no guarantee of a post-divorce award.
There is a direct termination of the alimony as soon as the spouse remarries or is living with a romantic interest for longer than a period of 90 days. If there is any change in the circumstances, the court may reconsider.
This alimony reward is completely terminated after the paying spouse has paid the amount in full. It is also terminated if the spouse dies. Even if there is a change in circumstances, the court will not be able to modify the reward.
If the supported spouse marries someone else or if they are cohabiting with a love interest then the alimony is terminated. Moreover, if either of the spouses dies then the court will call for a termination of alimony.
The reimbursement alimony demolishes if the spouse remarries or cohabitants and the court will not be able to modify the reimbursement alimony.
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