Alimony

FACTORS FOR AWARD OF ALIMONY

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 reasonable anticipated earnings of both spouses (employment bonuses are not “property”) for division, but ordinary income which is one of the bases for the amount of alimony awarded. Lineberger v. Lineberger, 399 S.E.2d 786 (1990);

7. The current and reasonably anticipated expenses and needs of both spouses;

8. The martial and non-marital 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 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 the 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, 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. S.C. Code Section 20-3-130 (1976, as amended).

Life Insurance or Bond – In making an award of alimony or separate maintenance and support, the Court may make a provision for security for the payment of the support including, but not be limited to, requiring the posting of money, property, and bonds and may require a spouse, with due consideration of the cost of premiums, insurance plans carried by the parties during the marriage, insurability of the payor spouse, the probable economic condition of the supported spouse upon the death of the payor spouse, and any other factors that Court may deem relevant, to carry and maintain life insurance so as to assure support of a spouse beyond the death of the payor spouse.

Pay Through the Court -- In making an award of alimony or separate maintenance and support, the Court may order the direct payment to the supported spouse, or may require that the payments be made through the Family Court and allocate responsibility for the service fee in connection with the award. The Court may require the payment of debts, obligations, and other matters on behalf of the supported spouse. The service fee is approximately five (5%) percent.

Tax - The Court may elect and determine the intended tax effect of the alimony and separate maintenance and support as provided by the Internal Revenue Code and any corresponding state tax provisions. The Family Court may allocate the right to claim dependent exemptions pursuant to the Internal Revenue Code and under corresponding state tax provisions, and to require the execution and delivery of all necessary documents and tax filings in connection with the exemption. Abbott v. Gore, 403 S.E.2d 154 (1991).

Approval - The Family Court may review and approve all agreements which bear on the issue of alimony or separate maintenance and support, whether brought before the Court in actions for divorce from the bonds of matrimony, separate maintenance, or a legal separation does not deprive the Court of its authority and jurisdiction to approve and enforce the agreement.

The parties may agree in writing, if properly approved by the Court, to make the payment of alimony non-modifiable and not subject to subsequent modification by the Court. S.C. Code Section 20-3-130 (1976, as amended).

A spouse was not entitled to alimony where the person was young, healthy and capable of supporting herself. Mobley v. Mobley. 420 S.E.2d 506 (S.C. App.1992).

Generally, a Court may not order transfer of property to satisfy a support obligation. Ebert v. Ebert, 465 S.E.2d 121 (S.C. App.1995).

Jurisdiction to award alimony may be reserved when there is a determination that there exists an identifiable set of circumstances that is likely to generate need for alimony in the reasonably foreseeable future. Donahue v. Donahue, 384 S.E.2d 741 (1989).

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