Separate Maintenance and Support

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.

The majority of American households own at least one pet, including many families going through a divorce. A couple of animal lovers that consider their pets to be family members may be prepared to fight for custody of their fur-babies. Sadly, sometimes one spouse may use the other’s bond with the family pet as emotional extortion to gain something of financial value during the divorce process. Occasionally, pet custody matters will be heard in the courtroom for the judge to decide. As these cases become more and more common, some states are passing legislation to help family courts decide on pet custody in divorce.