Considerations in Making an Award of Alimony in South Carolina Family Courts

Considerations in Making an Award of Alimony in South Carolina Family Courts

Posted By Hall & Hall Attorneys at Law || 29-Jan-2014

South Carolina Family Court Considerations in Making an Award of Alimony or Separate Maintenance and Support.

In making an award of alimony or separate maintenance and support, the Family Court must consider and give weight, in such proportion as it finds appropriate, to all of the following factors:

(1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties;

(2) the physical and emotional condition of each spouse;

(3) the educational background of each spouse, together with the need of each spouse for additional training or education in order to achieve that spouse's income potential;

(4) the employment history and earning potential of each spouse;

(5) the standard of living established during the marriage;

(6) the current and reasonably anticipated earnings of both spouses;

(7) the current and reasonably anticipated expenses and needs of both spouses;

(8) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action;

(9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature;

(10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;

(11) the tax consequences to each party as a result of the particular form of support awarded;

(12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and

(13) such other factors the court considers relevant.

See, S.C. Code, Ann. 20-3-130(C)(1)-(13).

It is important to seek the advice of a skilled Family Court Attorney practicing in West Columbia, Lexington, Columbia, and the State of South Carolina. The attorneys at Hall & Hall Attorneys at Law will aggressively represent you in your Family Court action seeking a 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.

Categories: Divorce, Marital Property

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