What Types of Alimony are There in South Carolina?

There is a statute in the state of South Carolina's alimony that lists all the types of alimony and the factors in setting alimony. There are primary four (4) types: permanent periodic alimony, rehabilitative alimony, lump sum alimony and reimbursement alimony.

Permanent periodic alimony

It is just what it says - permanent . It is paid until either spouse dies, the supported spouse remarries or the supported spouse cohabits for a period of 90 days or more and paid periodically generally monthly or twice monthly. When the parties are not yet divorced, permanent periodic alimony is called separate support and maintenance or spousal support. This is also the most common type of alimony awarded.

Rehabilitative alimony

This type of alimony is usually awarded for a specified amount of time, so as to allow a spouse to become self-supporting. It is frequently awarded when there is evidence presented showing that supported spouse can become self-supporting through further education or training. It is terminated when the supported spouse dies, remarries or cohabitates for a period of 90 days or more.

Lump sum alimony

This alimony that is fixed not able to be altered in amount. It is terminated when the supported spouse dies but not when the supported spouse remarries or the payor spouse dies.

Reimbursement alimony

This alimony is usually awarded to reimburse the supported spouse for investment in the supporting spouse’s education or business. Investment could be: financial investment; it time and energy in taking care of the household (including children) or the household expenses while the other spouse expends effort; funds in developing a business or obtaining an education.

Alimony is generally designed to enable the supported spouse to maintain the marital lifestyle and can generally be awarded despite the supported spouse’s fault in the breakup of the marriage. However, alimony cannot be awarded where the supported spouse has committed adultery prior to the issuance of a final order of separate maintenance and support or the formal signing of a written property or marital settlement agreement.

Whether alimony is awarded and the amount of alimony awarded can vary greatly depending upon the judge hearing the case. This means it is decided on a case by case basis.