Alimony and Spousal Maintenance in Charleston South Carolina

Charleston SC Divorce Lawyer – Family Law Attorney

In that state of South Carolina when a couple decides to get a divorce they are going to have to work together to come up with terms that they can agree on. The matters that need to be decided will be the division of community property and mutually assumed debt as well as the issues that revolve around the children. These would include child custody and a visitation schedule, and once custody has been decided the matter of child support will be settled according to the South Carolina child support guidelines. All of these matters are a given, but one term of the divorce that may or may not be called for is that of alimony, which is alternately referred to as spousal maintenance or spousal support.

The laws that define spousal support in the state can be found in Sections 20-3-120, 20-3-130, 20-3-140 of Chapter 3 of the Code of Laws of South Carolina, and the first thing that is stated is the fact that there is no presupposition that one party should be required to support the other. Spousal support will be decided based on the merits of each individual case, and it can be either temporary or permanent. A temporary alimony judgment is generally seen as being rehabilitative, intended to tide one party over until he or she has gained the education or training necessary to become financially self-supporting.

A divorcing couple can agree to a spousal support arrangement privately, but it is important to do so with the advocacy of a Charleston family lawyer to make sure that the door is open to future modifications if they become appropriate. The factors that the court will take into account if it has to decide a spousal support matter it will include the length of the marriage; the physical and psychological well being of both parties; their respective earning abilities; the living standard that existing during the marriage; and any impediments to employment that may be presented by child custodianship.

If you have legal questions about alimony and spousal maintenance, contact a Charleston SC family lawyer to arrange for a consultation.