Alimony/Spousal Support

For the better part of the last century, alimony was a deduction for those who are ordered to pay it. Recently, President Trump signed into law the new tax bill, which will have sweeping implications for those going through divorces. Beginning with January 1, 2019, individuals will not be able to deduct alimony on their taxes.  To better understand the new tax law and alimony changes in South Carolina for 2019, here is what you need to know.

One of the most frustrating parts of a divorce is having to split assets, which also sometimes means paying your ex-spouse money. Some clients may regard this as “paying for peace” or paying a “severance check” to an ex, the truth is the law has good reasons for enforcing alimony provisions. Unfortunately, all too often the courts misapply the law or unrepresented individuals get taken advantage of in the alimony calculation process. If you’re getting divorced, you might be wondering: do I have to pay alimony? So, here are a few things you should understand about alimony if you are getting divorced.

When two people get divorced, the court must divide everything. In South Carolina, divorce court judges must determine a number of issues, from how to divide personal property and visitation schedules to child support and alimony (“maintenance”). Each of these issues is dealt with in a final court order. That order creates a financial obligation for the parties. If a person is ordered to pay money to their spouse, that creates a debtor-creditor relationship until the financial obligation in the court order is satisfied. The question then becomes: is alimony dischargeable in bankruptcy?

Accurately determining income and other assets is an important aspect in every divorce case. The income of each spouse is used to determine an equitable division of marital property, as well as the number of potential alimony payments. In South Carolina, child support payments are also calculated based on the incomes of both parents. Like other divorce cases, income plays a large role in military divorces as well. However, an armed service member’s pay is not as straightforward as a typical civilian’s wages. Here’s what you need to know about military spouse divorce alimony and child support. We’ll walk you through how active duty military incomes are calculated when filing for divorce in South Carolina.

Alimony is a major aspect of many couples’ divorce decrees. One spouse is often required to pay the other spouse a certain amount of spousal support so that the recipient spouse is able to maintain the type of lifestyle that he or she has grown accustomed to in the marriage. But what if something happens to the paying spouse and he or she is unable to keep making the same amount in alimony payments? What if the paying spouse loses their job, or is involved in a serious accident that leaves them unable to earn an income and thus unable to provide alimony? In this article, we’ll cover alimony modification to help you understand what it takes to change your payment obligation.

Becoming engaged and getting married to someone new after going through a divorce is a wonderful occasion. It marks a new beginning in the next chapter of your life. Unfortunately, remarriage after divorce may also have some repercussions on any orders entered by a family law court regarding your divorce decree. It is important to understand the potential impact of marrying again after divorce.

Many people are familiar with the idea of alimony, or spousal support, as it is more commonly known. After a divorce, one spouse may owe the other money for support after the marriage has ended. What many people do not realize though is that there are several different types of South Carolina alimony available to spouses going through a divorce. The first two types, temporary and permanent alimony, are rather straightforward. Temporary alimony is granted during the waiting period before a divorce is granted, and permanent alimony is financial support one spouse pays to the other until death or remarriage. It is the third type of alimony, rehabilitative, that often stumps people. What does a spouse need to be rehabilitated from after a marriage, and how do South Carolina alimony payments help with it?

According to the Wall Street Journal, post-nuptial agreements are on the rise and becoming increasingly popular with married couples. Post-nuptial agreements, similar to prenuptial agreements, are legal documents drafted after a couple has married and dictates how the assets and liabilities will be distributed if the couple either divorces or parts due to death. Post-nuptial agreements have received significant recognition in the family law realm because of the fact that the states nationwide are experiencing alimony reform.  

Alimony reform is making considerable strides in South Carolina in 2016. This is due in large part to the considerable urging by the South Carolina Alimony Reform, an organization formed in 2011 with the one goal of abolishing permanent alimony. The group has made waves over the last few years and grabbed the attention of the South Carolina legislature, which has created a legislative committee to review South Carolina’s current alimony policies.

It is known that adultery can cause significant emotional harm to a marriage. Whether one spouse discovers an affair or the cheating spouse admits infidelity in hopes of coming clean and starting anew, the situation can lead to substantial emotional harms. There may be trust issues for the rest of the marriage, the non-cheating spouse may look for revenge or may self-destruct, the children may find out about the affair and turn against the cheating parent – these are just some of the outcomes that occur as a result of adultery. There are also serious financial consequences that may result due to the infidelity.