When it comes to navigating alimony agreements in South Carolina, there are many important things to consider. Whether you’re the one paying or receiving alimony, understanding the applicable laws and regulations can help make the process much smoother. Here at Sentinel Law Firm, we understand how complicated alimony can be, so we’ve put together a few tips for navigating alimony agreements in South Carolina.
What is Alimony?
Alimony, or spousal support, is a payment ordered by the court to help one spouse financially after a divorce. In South Carolina, alimony can be awarded to either spouse and is based on a variety of factors.
Under South Carolina law, alimony can be ordered for a set period of time, or until a certain event occurs, such as the death of either spouse or the remarriage of the receiving spouse. Alimony may also be modified or terminated if the receiving spouse’s circumstances change, such as if they get a new job or a significant raise.
Know the Types of Alimony:
South Carolina law recognizes five different types of alimony. These include lump sum, periodic, rehabilitative, reimbursement, and separate maintenance alimony. Each type of alimony has its own requirements and restrictions, so it’s important to understand the differences between them.
Permanent alimony is when the court orders one spouse to make payments to the other for an indefinite period of time. Rehabilitative alimony is when payments are made over a period of time to help one spouse become financially independent. Lump-sum alimony is when a one-time payment is made to one spouse. Temporary alimony is when payments are made to one spouse while a divorce is pending, and reimbursement alimony is when one spouse pays the other spouse back for money, they used to support the other spouse during the marriage.
It is important to note that alimony payments are no longer tax deductible, and they are no longer considered income to the receiving spouse.
Understand the Length of Payments:
The length of alimony payments in South Carolina is determined by a variety of factors, including the length of the marriage, the health and ages of the parties, and the spouses’ respective incomes. Generally speaking, alimony is considered a temporary solution and is only meant to provide financial assistance to the recipient spouse until they can become self-supporting.
Be Aware of Modification:
Alimony payments can be modified in certain circumstances, such as when there is a substantial change in either party’s financial circumstances. The court can also modify alimony payments if the recipient spouse remarries, or the paying spouse dies. In addition, a modification can be requested if the recipient spouse fails to make reasonable efforts to become self-supporting.
Navigating alimony agreements can be a complicated process but having an attorney that understands the applicable laws and regulations makes the process much easier. At Sentinel Law Firm, our family law attorneys are here to help you through the complex process of divorce. We can help you determine whether or not you are eligible for alimony and can assist you in negotiating a fair agreement to ensure you get the legal protection you deserve. Contact us today to schedule your consultation.