Alimony & Spousal Support Lawyers in Mt. Pleasant, SC
Serving Clients in the Greater Charleston Region
Financial stability is one of the most significant concerns during and after a divorce. Alimony, also known as spousal support, plays a crucial role in enabling both parties to move forward with financial stability and dignity.
Klok Law Firm assists clients in Mount Pleasant and the greater Charleston area in understanding their rights, protecting their interests, and pursuing fair outcomes in these often-contentious cases.
Discuss your case with a Mt. Pleasant alimony and spousal support attorney in a free initial consultation. Call (843) 701-1695 or reach us online for an in-person or virtual appointment. Hablamos español.
Our Alimony & Spousal Support Representation
Whether you are seeking support or challenging it, Klok Law Firm provides the strategic, evidence-based guidance you need. With more than 30 years of professional experience, our firm tailors each strategy to the unique facts of your case.
For clients seeking alimony, we work to:
- Document financial need clearly and thoroughly
- Demonstrate the lifestyle established during the marriage
- Show the supporting spouse’s ability to pay
- Highlight contributions to the household, including non-financial support
For clients opposing alimony, we help:
- Analyze realistic income and expenses to refute inflated claims
- Challenge assertions of need or dependency
- Present evidence of the other spouse’s earning potential
- Negotiate or litigate terms that protect your long-term financial well-being
Family Law 101
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 843-701-1695 today!
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Calculating Alimony
When calculating alimony, the court will grant alimony in the amounts and periods of time subject to conditions it considers just. “In making an award of alimony or separate maintenance and support, the 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.”
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South Carolina’s Spousal Maintenance Laws
The court may grant different forms of alimony or spousal support depending upon the circumstances. “Alimony and separate maintenance and support awards may be granted pendente lite and permanently in such amounts and for periods of time subject to conditions as the court considers just including, but not limited to:
(1) Periodic alimony to be paid but terminating on the remarriage or continued cohabitation of the supported spouse or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances occurring in the future. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to order the payment of alimony on an ongoing basis where it is desirable to make a current determination and requirement for the ongoing support of a spouse to be reviewed and revised as circumstances may dictate in the future.
(2) Lump-sum alimony in a finite total sum to be paid in one installment, or periodically over a period of time, terminating only upon the death of the supported spouse, but not terminable or modifiable based upon remarriage or changed circumstances in the future. The purpose of this form of support may include, but not be limited to, circumstances where the court finds alimony appropriate but determines that such an award be of a finite and nonmodifiable nature.
(3) Rehabilitative alimony in a finite sum to be paid in one installment or periodically, terminable upon the remarriage or continued cohabitation of the supported spouse, the death of either spouse (except as secured in subsection (D)) or the occurrence of a specific event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it appropriate to provide for the rehabilitation of the supported spouse, but to provide modifiable ending dates coinciding with events considered appropriate by the court such as the completion of job training or education and the like, and to require rehabilitative efforts by the supported spouse.
(4) Reimbursement alimony to be paid in a finite sum, to be paid in one installment or periodically, terminable on the remarriage or continued cohabitation of the supported spouse, or upon the death of either spouse (except as secured in subsection (D)) but not terminable or modifiable based upon changed circumstances in the future. The purpose of this form of support may include, but is not limited to, circumstances where the court finds it necessary and desirable to reimburse the supported spouse from the future earnings of the payor spouse based upon circumstances or events that occurred during the marriage.
(5) Separate maintenance and support to be paid periodically, but terminating upon the continued cohabitation of the supported spouse, upon the divorce of the parties, or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances in the future. The purpose of this form of support may include, but is not limited to, circumstances where a divorce is not sought, but it is necessary to provide for support of the supported spouse by way of separate maintenance and support when the parties are living separate and apart.
(6) Such other form of spousal support, under terms and conditions as the court may consider just, as appropriate under the circumstances without limitation to grant more than one form of support.”
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CohabitationIn South Carolina, a ex-spouse no longer has to pay periodic alimony if their former spouse remarries or the supported spouse continuously cohabitates with another. “Unless otherwise agreed to in writing by the parties, “continued cohabitation” means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.” See S.C. Ann. Code §20-3-130(B)
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Financial DisclosureIn South Carolina, in any family law case where the financial conditions of the parties is relevant or is an issue to be considered by the court, a current financial declaration must be served and filed by all parties. S.C. Family Court Rule 20(a) “Financial declarations shall be filed and served prior to or at the first hearing, or no later than 45 days after the complaint is served, whichever occurs first.” S.C. Family Court Rule 20(b)
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