3 Frequently Asked Questions About Alimony

alimony payment

What do you know about alimony? We’ve got the FAQs you’ve been looking for.

Alimony is a sticky subject, but it’s a primary factor in divorce cases. It can be confusing and hard to navigate, so we’ve compiled a list of the three most common FAQs to help you understand how alimony works in South Carolina.

#1: How Does the Court Determine Alimony and Calculate the Amount?

There are some factors a family court judge considers when determining who will pay alimony and how much. Of course, each case is unique and requires consideration, but this list is some of what goes into their decision.

  • The length of the marriage
  • If the individuals need education and training post-divorce to earn a reasonable income
  • If the individuals are physically and mentally able to work
  • Employment status, where they work, for how long, and their current income
  • The living expenses of each individual
  • Property owned by the couple during the marriage
  • Child custody
  • If there was marital misconduct such as adultery or abuse

#2: Is Alimony Granted in Every Divorce?

There is no guarantee of alimony in any divorce. A judge must deem it necessary to grant it. They do so on a case-by-case basis depending on the needs of each party and the circumstances in the marriage and the divorce. Things such as earning potential, education and training, child custody, and marital misconduct can determine whether the courts grant alimony payments.

#3: Do Alimony Payments Ever Stop?

Some factors determine when alimony payments stop. They include the death of the payor or the payee, expiration of the alimony term, remarriage of the person receiving payments, or modification of the alimony agreement as approved by a judge.

Do you still have questions about how alimony works? Our team of experienced lawyers can help. Contact McCutchen McLean, LLC for legal support and guidance when you’re going through a divorce.

A Living Trust Can Help You Avoid Probate. Here’s How.

Living Trust & Estate Planning

Do you know how to avoid probate when a loved one dies? Here’s how a living trust can help.

Do you have a living trust? Probate can be a nightmare, especially after the loss of a loved one, but a living trust can help you avoid it. Here’s what you need to know about how to avoid probate.

What is a Living Trust?

In the simplest terms, a living trust, created by an individual during their lifetime, is a document designating a trustee for their estate. The trustee manages the assets for the individual and is responsible for transferring those assets to the beneficiary or beneficiaries upon their death and according to their wishes.

What is Probate?

Probate is the legal process overseen by the court system that works to administer the estate of a deceased individual. They work to pay off the individual’s debts before transferring assets and property to their beneficiaries. If there is a will, the courts authenticate it before proceeding and allowing the executor to distribute assets. They follow the state process for managing probate if there isn’t a will.

Will a Living Will Trust Help Avoid Probate?

The courts freeze a deceased individual’s assets during the probate process, meaning your heirs cannot access any property or funds until probate is complete. Fortunately, the assets included in your living trust are not subject to the probate process. The trust and not the estate owns the assets, and therefore, they are exempt from probate, and the trustee can distribute them immediately upon the person’s death or as per their instructions and wishes.

Avoiding probate is one way to protect your family, and a living trust is one of the best ways to do so. It will protect you and your assets while you’re living and when you’re gone. To find out more and to get started on the creation of your trust, contact McCutchen McLean, LLC, today.



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