Alimony is financial support provided to a “dependent” spouse (lower or non-income earner) from a “supporting spouse” (primary or sole income earner) after the date of separation or date of divorce. In South Carolina, alimony can be ordered by the court or can be agreed upon between spouses in a separation agreement. It is not guaranteed that you will be granted alimony (or forced to pay alimony) in every South Carolina divorce. You may have a claim to alimony or spousal support if you were a stay-at-home spouse or lower income earner than your spouse, your spouse has the ability to pay alimony to you, and you cannot maintain the same standard of living or cover your household bills on your sole income. There are several types of alimony in South Carolina, which can be tailored to your specific situation.
Types of Alimony
Duration of Alimony
There is no mathematical formula in South Carolina to determine the duration of alimony. Alimony can be permanent, last a lifetime, a one-time payment, or paid for a relatively short period of time, depending upon your unique situation.
Amount of Alimony
There is no mathematical formula or formal guidelines in South Carolina to determine the amount of alimony. The amount is determined by considering the factors listed below and each person’s individual circumstances.
Manner of Payment of Alimony
South Carolina courts can require alimony payments to be made directly to the supported spouse or may require the payments be made through Family Court or through wage withholding.
Factors that Affect Alimony
While there are no guidelines for the amount or duration of alimony in South Carolina, the court must consider the following factors in determining the amount and duration of an alimony award.
Cheating Affects Alimony
In South Carolina, adultery is defined as engaging in a sexual relationship with someone who is not your spouse before you sign a final settlement agreement or before the date of your divorce. If you commit adultery as a dependent spouse, you are barred from receiving alimony in South Carolina.
If you are separating in South Carolina and are not sure if you would be entitled to alimony, or required to pay alimony, please contact us to set up your consultation. Lindsey is licensed in South Carolina to assist clients with all of their family law needs, including alimony.
Lindsey Dasher is the Managing Partner at Dasher Law PLLC