Saturday, February 6, 2010

Is Alimony Still Relevant in South Carolina Court?

What do you think? Are South Carolina Court less likely to award alimony in this day and age that in the past?

South Carolina law (S.C. Code Ann. § 20-3-130(C) (Supp. 2008)) provides that in determining an award of Alimony, 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 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."

Any thoughts out there from those that have gone through a divorce and request for for Alimony?

5 comments:

  1. what about working on an agreement between the two parties. But in the meantime last week he was served with a complain to of "adultery". A hearig i son 16rh of this month. How how it work we have reached an agreement, in meantime he is not aware of evidence that has been collected by a PI for months. Do we then wait until the next hearing in 3 months and then what happens in regards to the Adultery charge? Excepte is speeds up the process of divorce being at fault.

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  4. My brother went through a bitter divorce a few years ago, and we have to say alimony had been unfair, especially because my brother's not a multi-millionaire. Reading this list kinda makes alimony sound such a big hassle. But if you have to consider all these things listed here just to make everything fair in the eyes of the law and in the eyes of all men, then this is a good thing. I wonder if all states apply all these considerations.

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