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.
