South Carolina Spousal Support Attorney
Spousal support is not automatic and can be awarded to either spouse. A support obligation that is too large can be devastating to the spouse who must pay, as can an award that is too small for the spouse in need. Spousal support attorney J. Darrell Beckham combines his legal experience with his background in the financial sector to protect his clients’ financial interest in spousal support matters. He understands that each situation is unique and is ready to hear from you.
Attorney Beckham represents clients in Newberry County, Richland County, Lexington County, the City of Columbia and throughout South Carolina.
Factors Considered in South Carolina Spousal Support
Factors the court considers in awarding spousal support include, but are not limited to:
- The length of the marriage in combination with the ages of both spouses when the marriage began and ended
- Physical and emotional health of each spouse
- Each spouse’s educational background and any need for training or education to achieve income potential
- Employment history and earning potential of each spouse
- Standard of living during the marriage
- Current and anticipated earnings
- Current and anticipated expenses
- Marital and nonmarital property of each spouse, including the results of property division
- Child custody and whether it limits or eliminates the ability of a parent to work outside the home
- Marital misconduct that has harmed the economic circumstances of either spouse or contributed to the end of the marriage, even in no fault divorce
- Tax consequences of support
- Existing support obligation from prior marriages
Types of Spousal Support
Spousal support can be awarded in many forms including:
- Lump sum alimony – a specific total amount to be paid at once or in installments, but the obligation for installments only ends if the supported spouse dies. This type of alimony cannot be terminated or modified
- Periodic alimony – ongoing support that terminates when the supported spouse remarries or cohabitates, or when either spouse dies unless there is a provision that payments will continue after the supporting spouse’s death. This type of alimony can be modified.
- Rehabilitative alimony – a specific amount to be paid at once or in installments. It can be terminated when the supported spouse becomes self-supporting or extended if something happens to prevent the supported spouse from doing so. This type of alimony also ends upon remarriage or cohabitation of the supported spouse or when either spouse dies unless specified that it will continue after the paying spouse’s death.
- Reimbursement alimony – a specific amount that is meant to repay the supported spouse for circumstances during the marriage, such as sacrifices made to improve to other spouse’s earning potential. This type of alimony cannot be terminated or modified based on a change of circumstances, but does terminate when the supported spouse remarries or cohabitates, and if either spouse dies unless otherwise specified. It may be paid at once or in installments.
- Separate maintenance and support – periodic support payments when a couple does not divorce but lives separately. This type of support ends if the couple divorces, the supported spouse cohabitates, or on the death of either spouse unless specified that it will continue after the death of the paying spouse.
To learn more about South Carolina spousal support and your rights, please call the Law Office of J. Darrell Beckham, LLC, at 800-515-7615 or contact us online right away to schedule your free consultation.