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Many marriages rely on both spouse’s monetary contributions to survive. If you separate from your partner, you will only have your individual income, which can put a significant economic strain on your newfound living arrangement. An attorney well versed in family law could aid you in your search for secure income.
To alleviate some of the financial burdens, state financial aid laws are intended to fairly allocate a couple’s resources so that each can live independently after a marriage is dissolved. An experienced Beaufort spousal support lawyer at Schiller & Hamilton could fully explain these laws to you and how they apply in your specific case.
Types of Alimony in Beaufort Divorce Cases
Judges may award different forms of partner support, or alimony, in the area. These include permanent periodic, rehabilitative, and reimbursement alimony.
Permanent Periodic Alimony
One of the most common versions of this type of payment is permanent periodic alimony. This requires one person to pay monthly payments to the other indefinitely and may be appropriate when the receiver cannot be self-reliant due to age, poor health, or permanent disability.
Rehabilitative Support
In some cases, a court may order a lump sum spousal payment—or rehabilitative alimony—paid for a certain period. A party who needs time to return to the workforce but will eventually gain employment may qualify for rehabilitative alimony.
Reimbursement Payments
Reimbursement alimony may be warranted in shorter marriages where one person left a career to stay home and raise the couple’s children. The stay-at-home partner may not be entitled to permanent spousal aid but does need some financial assistance to regain employment.
It is essential for both parties to understand the various financial awards granted in local courts. A skilled attorney in Beaufort could explain the different types of alimony and who might qualify for them.
How Do Judges Determine Partner Support?
Under state law, there is no specific guideline for determining the amount or duration of alimony. Rather, a judge may consider several factors when deciding whether to award alimony and, if so, how much. Some of these include:
- The length of the marriage
- The couple’s standard of living during their marriage
- Each spouse’s current and projected expenses
- The tax consequences of a monetary award
- Each party’s employment history and earning capacity
- Each person’s age and health
No one factor weighs more heavily than another, and a judge has broad discretion when applying these in a specific case. A Beaufort spousal support attorney well-versed in the factors influencing awards could guide a party through the determination process.
The Impact of Adultery on Spousal Aid Claim
Under South Carolina Code of Laws §20-3-130 (A), evidence of adultery is relevant in any case where someone requests alimony. If a judge finds that the person seeking financial aid was unfaithful to their marital partner, they are banned from receiving monetary support.
Adultery is defined as sexual intercourse between a married individual and another person who is not their spouse. In a divorce case, the unfaithful person does not have to admit adultery, nor does the faithful party have to provide direct evidence of it. Rather, circumstantial evidence like hotel receipts or pictures of the unfaithful party displaying affection toward the paramour may be sufficient to establish the adultery.
An unfaithful spouse may be entitled to alimony notwithstanding their misconduct if they can prove that the other party knew of the adultery and ‘condoned’ it by staying in the marriage and allowing it to continue. A person seeking alimony—or defending against it—should speak with a skilled spousal support attorney in the Beaufort area.
Call a Trusted Beaufort Spousal Support Attorney Today
In many divorce cases, the determination of aid for a spouse is one of the most important financial issues between the opposing parties. The award or denial of alimony can impact both people’s standard of living following the divorce.
If you are facing an alimony claim from your previous partner, or need financial assistance for yourself, reach out to a Beaufort spousal support lawyer. Our legal team’s compassionate family law professionals understand how important your future is after a divorce and could work tirelessly to achieve a favorable outcome. Call Schiller & Hamilton today to learn more.