Courts will consider many factors when making a determination of whether alimony should be awarded and, if so, how much alimony should be given. Those factors include the age of the parties, current income of both, health of both, work history and ability to earn his/her own income.
Under our laws, an ex-spouse's alimony in South Carolina may be terminated when that person “resides with another person in a romantic relationship for a period of ninety or more consecutive days.” This circumstance is known as “continued cohabitation.” Continued cohabitation also exists “if there is evidence that the ...
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.
For a judge to award alimony to the receiving spouse, they must meet the eligibility criteria in South Carolina: Duration of the marriage. The age of each spouse. Mental and physical indication of each spouse. The educational background of each spouse. Employment history and earning potential.
The party wishing to seek modification/termination of alimony in South Carolina must file a motion to modify with the courts, showing that there has been a significant change in circumstances since the divorce agreement.
Does Adultery Impact Alimony? Adultery has a significant impact on alimony in South Carolina. The spouse who commits adultery is permanently barred from receiving alimony from the other spouse.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
Generally, the court will terminate alimony upon a showing of (a) the remarriage by the receiving spouse, (b) death of either the paying or receiving spouse, or (c) continued cohabitation by the receiving spouse with another person in a romantic relationship for a period of 90 or more consecutive days.