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Alimony

ALIMONY

The purpose of alimony is to provide the ex-spouse a substitute for the support, which was incident to the former marital relationship. It is not awarded to support a live-in partnership between the supported ex-spouse and a third party. Croom v. Croom, 432 S.E.2d 381 (1992). It is not a disincentive to work. Mallet v. Mallet, 473 S.E.2d 804 (S.C. Ct. App.1996).

Alimony and separate maintenance and support awards may be granted temporarily and/or permanently in such amounts and for periods of time subject to conditions as the Court consider just, including, but not limited to:

TYPES OF ALIMONY

1. Periodic alimony, to be paid but terminating on the remarriage of the supported ex-spouse or upon the death of either spouse 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 the 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 non-modifiable nature.

3. Rehabilitative alimony, in a finite sum to be paid in one installment or periodically, terminable upon the remarriage of the supported spouse 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 purpose of this form of support may include, but not be limited to, circumstances where the Court finds it appropriate to provide modifiable coinciding 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.

Where there is no reservation of jurisdiction to award alimony after the expiration date of rehabilitative alimony in a decree, such is final and absolute. Jordan v. Jordan, 415 S.E.2d 424 (S.C. Ct. App.1992).

A live-in lover can precipitate a termination of Alimony. Bryson v Bryson, Ct. App., Oct. 1, 2001.

4. Reimbursement alimony, to be paid in a finite sum, to be paid in one installment or periodically, terminable on the remarriage of the supported spouse, or upon the death on either spouse, but not terminable and modifiable based upon changed circumstances in the future. The purpose of this form of support may include, but 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 divorce of the parties, or upon the death of either spouse and terminable and modifiable based upon changed circumstances in the future. The purpose of this form of support may include, but not be 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 where 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. S.C. Code Section 20-3-130 (1976, as amended).

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.