Alimony

If you are going through a divorce in South Carolina or considering a separation, one of the most common questions clients ask is whether alimony, AKA spousal support,will be awarded and, if so, how much and for how long. I tell my clients that alimony is not an exact science.  It’s not a set calculation like Child Support.  We often say that if you go before 5 different judges with the exact same facts you’ll end up with 5 different alimony numbers.  It is case specific and somewhat subjective.

The court will use the following statutory factors in making their decision.  Length of marriage and relative incomes of the parties being the most important.

1. Duration of the Marriage

The length of the marriage is often one of the most influential factors. Generally speaking, the longer the marriage, the more likely it is that alimony may be awarded. In a long-term marriage of over 10 or 15 year, the court is more likely to award alimony to the lesser earning spouse.

Shorter marriages, by contrast, often result in no award of alimony.

2. Age and Health of the Parties

The court will evaluate the age and physical and emotional condition of each spouse. For example, if one spouse has health issues that limit their ability to work or earn income, that factor may support an alimony award. Similarly, if one spouse is near retirement age and has limited ability to reenter the workforce, that can also influence the court’s decision.

3. Educational Background and Training

Another important factor is the education and professional training of each spouse. The court examines whether either party sacrificed educational opportunities during the marriage or supported the other spouse’s career development.

4. Employment History and Earning Potential

Closely related to education is the question of earning capacity. The court reviews each spouse’s employment history, job skills, and future earning potential.

If for example both spouses are trained medical doctors, but one spouse stopped working to become a stay-at-home parent, the court will still impute the non-working spouse with income because they could go out and find a high paying position which reduces their need for alimony in the future.

5. Standard of Living During the Marriage

Family courts also consider the lifestyle the parties enjoyed during the marriage. While divorce often requires both spouses to adjust financially, the law recognizes that it may be appropriate to help maintain a similar standard of living, particularly in longer marriages. The buzzword for this is “need”. What will the supported spouse’s economic need be after the divorce.  You cant say the supported spouse needs to have a $7000/m car payment for a Lamborghini but if the parties always drove luxury SUV’s the court wont balk at seeing a $800/m :need: for a car payment of the supported spouse’s financial Declaration.

6. Current and Anticipated Income and Expenses

The judge will closely examine both parties’ financial circumstances, including income, debts, and reasonable living expenses. Alimony must be financially feasible for the paying spouse while still providing meaningful support to the receiving spouse. In cases where large investment accounts are being divided up the court can consider what the reasonable rate of return the parties can expect from those investments after divorce.  It’s hard for someone who is getting $20,000,000 in cash or stock from the divorce to argue that the throw off from that money properly invested is not enough to live off of without additional monies from their spouse.

7. Marital Misconduct or Fault

South Carolina is somewhat unique in that marital misconduct can directly affect alimony. If a spouse commits adultery during the marriage that spouse is generally barred from receiving alimony. However, the adultery must lead to the breakdown of the marriage.  Therefore, a spouse cant’ look back to an affair which happened 10 years ago, was forgiven, and say that bars their spouse from receiving alimony.

Other forms of misconduct, such as physical abuse, substance abuse, or financial wrongdoing, may also be considered when the court evaluates fairness between the parties.

8. Distribution of Marital Property

Alimony does not exist in isolation. The court will also look at how marital assets and debts are divided. If one spouse receives a substantial portion of the marital estate—such as retirement accounts, real estate, or investments—that may reduce the need for alimony.

9. Custody of Children and Child Support

When minor children are involved, the custodial parent’s responsibilities can affect their ability to work full time or pursue certain career opportunities. The court will consider whether childcare responsibilities limit earning capacity and whether child support alone adequately addresses the financial needs of the household.

10. Tax Consequences

The tax implications of alimony may also play a role. Although federal tax law has changed in recent years regarding the deductibility of alimony, courts still consider the financial impact of support payments when structuring an award.

11. Prior Support Obligations

If either spouse already has alimony or support obligations from a previous marriage, the court may factor those responsibilities into the analysis.

12. Any Other Relevant Factors

Finally, the statute allows the court to consider any other circumstances it believes are relevant to achieving fairness between the parties. This gives judges flexibility to address unique situations that may arise in a particular case.

When clients ask me whether they will receive, or must pay, alimony, my answer is always the same: it depends on the overall circumstances of the marriage. There are clever ways to maximize or minimize an alimony number.  for example, one spouse might be willing to take a lesser amount of total alimony as an up-front payment rather than over the course of years. For the paying spouse a lump sum that comes out of the other property can be less painful and for the receiving spouse up front money has greater investment and use power than a trickle of cash over the course of decades.  It’s important that you pick a law firm, like us, that has a great deal of experience with alimony cases.