This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Carolina Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Cohabitation By Dependent Spouse?
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FAQ
South Carolina divorce judges are most likely to order the payment of permanent periodic alimony. If this happens in your divorce case, the supporting spouse will have to make ongoing payments (usually every month) to the supported spouse for a lengthy period of time.
In South Carolina, some alimony payments can last for a lifetime because the most common form of alimony awarded by the court is permanent alimony called ?periodic alimony.? Although this type of alimony is permanent, there are four situations why such alimony may stop or may be reduced in South Carolina: (1) death of ...
Individual judges tend to have significant leeway in determining how much alimony is fair for a given case. Alimony is not awarded automatically in every South Carolina divorce. Judges are more likely to award alimony in divorces involving spouses with unequal earning potential and a long marital history.
Alimony can last a lifetime or as short as one month. Many events can shorten the duration of alimony after it is awarded as part of your Charleston, SC divorce. You could be required to pay alimony for a relatively short period of time or for the rest of the life of your former spouse.
Alimony for a specific period of time to be paid one year for every three years of marriage, but terminating upon the continued cohabitation of the supported spouse, retirement age as defined by the Social Security Act, or upon the death of either spouse, except as secured in subsection (D), and terminable and ...
The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.
Permanent periodic alimony is the most common form of alimony in South Carolina divorce cases. It is typically awarded where the court finds it appropriate for one spouse to assist in the ongoing support of the other spouse. Generally, periodic alimony is a specified amount paid each week or month.
The judge will weigh these factors and determine if alimony should be awarded. Often, there is a ten-year benchmark. If a couple has been married ten or more years, then most lawyers understand there will be a conversation about alimony ? though this is not a legal standard.
