Alimony

EARNINGS

Business expense reimbursements are not income to be considered in calculating alimony. Ellerbe v. Ellerbe, 473 S.E.2d 881 (Ct. App. 1996).

When a spouse is intentionally underemployed, the award of alimony should be based on the spouse’s earning potential rather than current reduced earning. Dixon v. Dixon, 334 S.C. 222, 512 S.E.2d 539 (S.C. Ct. App. 1999).

Although rehabilitative alimony may be an appropriate form of spousal support in some cases, permanent periodic alimony is favored in South Carolina. Gill v Gill, 237 S.E.2d 382 (1977); Johnson v. Johnson, 372 S.E.2d 107 (Ct. App. 1988). If a claim for alimony is well founded, the law favors the award of permanent periodic alimony. O’Neill v. O’Neill, 359 S.E.2d 68 (Ct. App. 1987).

Rehabilitation alimony may be awarded only upon a showing of special circumstances justifying a departure from the normal preference for permanent periodic support. The purpose of rehabilitative alimony is to encourage a dependent spouse to become self-supporting after a divorce. It permits former spouses to develop their own lives free from obligations to each other. However, it should be approved only in exceptional circumstances, in part, because it seldom suffices to maintain the level of support the dependent spouse enjoyed as an incident to the marriage. Johnson v. Johnson 372, S.E.2d 107 (Ct. App. 1988).

The factors to be considered in awarding rehabilitative alimony include:

1. Duration of marriage;
2. The age, health, and education of the supported spouse;
3. The financial resources of the parties;
4. The parties’ accustomed standard of living;
5. The ability of the supporting spouse to meet his needs while meeting      those of the supported spouse;
6. The time necessary for the supported to acquire job training or skills;
7. The likelihood that the supported spouse will successfully complete retraining; and
8. The supported spouse’s likelihood of success in the job market.

There must be evidence demonstrating the self-sufficiency of the supported spouse at the expiration of the ordered payments in order for rehabilitative alimony to be granted. Johnson v. Johnson 372 S.E.2d 107, (S.C. App. 1988).

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