Alimony and Support Awarded in Divorce Actions in South Carolina

Alimony and Support Awarded in Divorce Actions in South Carolina

Posted By Hall & Hall Attorneys at Law || 14-Jan-2014

What are the types of Alimony and Support that can be Awarded in Actions for Divorce and Separate Maintenance and Support, in South Carolina?

In proceedings for divorce, and in actions for separate maintenance and support, filed in Family Courts within the State of South Carolina, the court may grant alimony or separate maintenance and support. The Family Court can grant alimony and separate maintenance and support in such amounts, and for terms the Court considers appropriate, from the circumstances of the parties and the nature of the case as may be just, both pendente lite (temporarily), and permanently. S.C. Code Ann. sec. 20-3-130(A).

The forms of alimony and separate maintenance and support awards, that may be granted temporarily and permanently include, but are not limited to:

1. Periodic alimony to be paid but terminating on the remarriage or continued cohabitation of the supported spouse or upon the death of either spouse (except as secured in subsection (D) and terminable and modifiable based upon changed circumstances occurring in the future. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to order the payment of alimony on an ongoing support of a spouse to be reviewed and revised as circumstances may dictate in the future. S.C. Code Ann. sec. 20-3-130(B)(1).

2. Lump-sum alimony in a finite total sum to be paid in one installment, or periodically over a period of time, terminating only upon the death of the supported spouse, but not terminable or modifiable based upon remarriage or changed circumstances in the future. S.C. Code Ann. sec. 20-3-130(B)(2). The purpose of this form of support may include, but not limited to, circumstances where the court finds alimony appropriate but determines that such an award be a finite and nonmodifiable nature. Id.

3. Rehabilitiative alimony in a finite sum to be paid in one installment or periodically, terminable upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse (except as secured in subsection (D) or the occurrence of a specific event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony. S.C. Code Ann. sec. 20-3-130(B)(3). The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to provide for the rehabilitation of the supported spouse, but to provide modifiable ending dates coinciding with events considered appropriate by the court such as the completion of job training or education and the like, and to require rehabilitative efforts by the supported spouse. Id.

4. Reimbursement alimony to be paid in a finite sum, to be paid in one installment or periodically, terminable on the remarriage or continued cohabitation of the supported spouse, or upon the death of either spouse (except as secured in subsection (D) but not terminable or modifiable based upon changed circumstances in the future. S.C. Code Ann. sec. 20-3-130(B)(4). The purpose of this form of support may include, but is not limited to, circumstances where the court finds it necessary and desirable to reimburse the supported spouse from the future earnings of the payor spouse based upon circumstances or events that occurred during the marriage. Id.

5. Separate maintenance and support to be paid periodically, but terminating upon the continued cohabitation of the supported spouse, upon the divorce of the parties, or upon the death of either spouse (except as secured in subsection (D) and terminable and modifiable based upon changed circumstances in the duture. S.C. Code Ann. sec. 20-3-130(B)(5). The purpose of this form of support may include, but is not limited to circumstances where a divorce is not sought, but it is necessary to provide for support of the supported spouse by way of separate maintenance and support when the parties are living separate and apart. Id.

6. Such other form of spousal support, under terms and conditions as the court may consider just, as appropriate under the circumstances, without limitation to grant more than one form of support. S.C. Code Ann. sec. 20-3-130-(B)(6).

D. In making an award of alimony or separate maintenance and support, the court may make provision for security for the payment of the support including, but not limited to, requiriing the posting of money, property, and bonds and may require a spouse, with due consideration of the cost of premiums, insurance plans carried by the parties during marriage, insurability of the payor spouse, the probable economic condition of the supported spouse upon the death of the payor spouse, and any other factors, the court may deem relevant, to carry and maintain life insurance so as to assure support of a spouse beyond the death of the payor spouse. S.C.Code Ann. 20-3-130(D)

In making an award of alimony or separate maintenance and support, the Family Court may order the direct payment to the supported spouse, or may require that the payments be made through the Family Court and allocate responsibility for the service fee in connection witht he award. S.C. Code Ann. sec. 20-3-130(E). The court may require the payment of debts, obligations, and other matters on behalf of the supported spouse. Id.

A South Carolina Family Court, after considering the financial resources and marital fault of both parties, may order one party to pay a reasonable amount to the other party for attorney fees, expert fees, investigation fees, costs, and suit money incurred in maintaining an action for divorce, as well as in actions for separate maintenance and support, including sus for services rendered and costs incurred before the commencement of the proceeding and after entry of judgment, pendente lite and permanently. S.C. Code Ann. sec. 20-3-130(H).

It is important to seek the advice of a skilled Family Court Lawyer practicing in West Columbia, Lexington and the entire State of South Carolina. The attorneys at Hall & Hall, Attorneys at Law will aggressively represent you in your Family Court action seeking divorce, alimony and separate maintenance and support. Our attorneys will analyze your case, prepare your pleadings, file your action and assist you in obtaining a final resolution. Please contact Hall & Hall, Attorneys at Law , at 803-791-3196, today.

Categories: Divorce, Marital Property

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