Alimony Attorneys in Spartanburg

Going through a divorce is difficult. It’s emotionally draining and can be incredibly overwhelming when you’re also dealing with your everyday responsibilities. While you know divorce is the right move for you and your family, you’re aware that it’s going to be harder on you financially from now on. You’re not sure if you’re eligible for alimony, also known as spousal support, which could help ease your financial burden.

At the Nowell Law Firm, our South Carolina divorce lawyers can help you determine if you’ll be able to get alimony and, if so, how much you may be able to receive each month. We can also help determine how much spousal support you should expect to pay if you are on the other side of that equation.

We will stand by your side throughout the divorce process, ensuring that you are protected, and that you have what you need to lead a fulfilling and meaningful life post-divorce.

How Alimony Works

Alimony is court-ordered payments that one spouse receives from another after they get divorced. A husband or a wife may have a right to alimony depending on their role in the marriage.

For example, if one spouse stayed home and raised the children while the other worked a full-time job, the one who took on childbearing responsibilities may be eligible for alimony. The court utilizes alimony so that the supported spouse can maintain at or near the same standard of living they had during the marriage.

In addition to looking at the role each spouse played, the court will also take into consideration how long the marriage lasted and the current and future earning potential of each spouse. For example, if one spouse put their career on hold to raise children while the other one excelled in their career, the spouse who has to re-enter the workforce could get temporary alimony during this transition time.

The court weighs the marital standard of living, the needs of each spouse, each spouse’s physical and emotional health and if one spouse also has to pay child support. Marital misconduct, such as adultery, could be a factor when alimony payments are determined. This is because South Carolina does not generally award alimony to spouses who committed adultery before a permanent order of separate maintenance and support is set or before both spouses signed a legal marriage or property settlement agreement.

One thing to keep in mind is that the spouse who pays alimony cannot write it off on their taxes. This used to be the case, but the federal government changed that law in 2019.

Alimony in South Carolina

According to South Carolina law, there are different types of alimony including:

• Permanent periodic alimony
• Lump sum alimony
• Rehabilitative alimony
• Reimbursement alimony
• Separate maintenance

Permanent periodic alimony is the most common type of spousal support in South Carolina and is usually paid every month. One spouse will pay it until the supported spouse moves in with a new partner and lives with them for at least 90 days, the supported spouse remarries or either spouse passes away.

Though it is permanent, spousal support can be modified at any time if the situation changes significantly, such as if the spouse who is paying it loses their job. However, this modification must be formalized with the court for it to be legally valid – an informal agreement is not enough.

Lump sum alimony is paid out all at once or in designated payments, and it cannot be changed. It can only be terminated if the paying spouse or the supported spouse passes away before it has been fully paid.

Rehabilitative alimony is paid periodically for a designated number of years. It can only be terminated when either spouse dies, the supported spouse remarries or they move in with a new partner and live with them for at least 90 days. This type of alimony is awarded when the supported partner can go back to work relatively quickly with little training and just needs some temporary help getting back on their feet.

Reimbursement alimony will go to a supported spouse who invested their money or time into their spouse’s education or business ventures. For example, they could have paid for their spouse to go to college or watched the children while the spouse worked late nights at their business.

Separate maintenance may be awarded when a couple does not have the desire to divorce but they also don’t want to live together anymore.

What Happens if a Spouse Doesn’t Pay?

Let’s say you were awarded alimony but now your spouse isn’t paying. This leaves you in a very vulnerable position because you’re relying on that money to survive. In a case like this, you can reach out to a judge and let them know what’s going on.

If your spouse is found guilty of not paying alimony, then they may get the money taken out of their paycheck automatically, have to pay attorney fees and fines or even have to go to jail if they are found to be in contempt of court.

How Our Alimony Lawyers Can Help You

Whether you are going through a separation or divorce, or your spouse isn’t paying your alimony and you don’t know where to turn, you can count on the Nowell Law Firm for help.

We will assist you in navigating the alimony process, explaining every step we’re taking to ensure you are comfortable with it. Our team will advocate on your behalf so that you receive what you deserve, whether it’s in the form of separate maintenance, permanent periodic alimony, lump sum alimony, rehabilitative alimony or reimbursement alimony in South Carolina.

We will go to court on your behalf so that you don’t have to take time off work and you can focus on getting your life back on track after what you’ve been through.

Our legal team has extensive experience working with couples in South Carolina. We take the burden off your shoulders and handle your divorce proceedings, giving you the time and space to start to rebuild and work toward a brighter future for yourself.

Contact Nowell Law Firm

If you are going through a divorce and need help with alimony and spousal support, contact the Nowell Law Firm today for a free initial consultation. To get started, messages online or call our office today at (864) 469-2481. We look forward to serving you!