How much alimony one is awarded is up to the discretion of the family court judge. Unlike child support, there is no mathematical equation that judges use to calculate alimony in SC. However, there are factors that the court will consider when making their decision to award alimony.
But All of This is My Spouse's Fault
A Family Court will not award alimony simply to punish your spouse. The main function of Alimony is to provide economic supported in a manner that a spouse grew accustomed to while in the marriage. To be considered, the fault being alleged must:
Effect the economic circumstances of the parties, or
Contributed to the break up, and
Happened before the execution of any property / marital agreement or entry of a final Family Court Order on support and property division
No Alimony if You Commit Adultery
SC Code Section 20-3-130(A) says that no alimony will be awarded to a spouse who commits adultery, if the adultery happens before:
The signing of a written separation or settlement agreement or
The entry of a permanent order of separate support and maintenance.
What Factors Does the Court Consider?
Section 21-3-130(C) contains a list of factors that the court must consider “and give weight in such proportion as it finds appropriate” when deciding on an alimony award, including:
The length of the marriage and the ages of each spouse,
Each spouse’s physical and emotional health,
Each spouse’s education and whether one or the other needs additional education “in order to achieve that spouse’s income potential,”
Each spouse’s earning potential,
Their standard of living during the marriage,
Each spouse’s current and expected future income,
Each spouse’s current and expected future expenses and needs,
Property owned by each spouse,
Whether child custody will limit the custodial parent’s income,
Marital misconduct or fault of each spouse, whether or not it is alleged as grounds for divorce,
The tax consequences of each potential type of alimony,
Any support obligations from prior marriages, and
Any other factors that the court thinks are relevant
Remember, alimony is at the sole discretion of the judge, and each award of alimony is very case specific. Your reward of alimony will not be the same as your friend or neighbor who went through a "similar" type divorce. Call us to gain more clarity.
Comments