Divorce is costly, limiting the finances of each spouse in numerous ways, from direct legal and court costs to the impact of the loss of dual income or additional property. Many spouses who are getting a divorce want to know the average alimony payment in South Carolina.
However, because of the state’s laws on support, every single case is unique. Some types of support are lump sum payments meant to reimburse a spouse or provide rehabilitative support. Other types of support are payments made over time until certain circumstances, like remarriage, are met. When the court is responsible for deciding spousal support, it reviews many factors about a couple’s marriage to determine what is fair support.
The divorce rate in South Carolina was 2.4 per 1,000 people in 2022, and the marriage rate was 6.5 per 1,000 people. Not all divorces will result in an award for spousal support.
There is no formula in South Carolina to determine the support one spouse pays to the other. Instead, spousal maintenance or alimony in the state is determined based on the court’s discretion, if the decision is left up to the court. Spouses could decide on their own alimony depending on the circumstances of their divorce.
The courts review several factors to determine whether support is fair, how much support is fair, and how long that support will be paid for. These factors include:
These factors also decide how long support will continue and what circumstances will result in the termination of support. When a spouse who is financially supported by the other spouse remarries or continually cohabitates with another person, many types of spousal support will terminate. There was an average of 2.45 persons per household in South Carolina from 2019 to 2023.
Alimony in South Carolina is calculated based on several factors, such as:
The court awards alimony if it determines a spouse has a financial need for it.
Every alimony award in South Carolina is unique, so there is no set way to determine the alimony payment. There are five different types of alimony or spousal maintenance in the state, and the court can create new methods of payment as needed. Alimony payments are determined based on the discretion of the court and many factors. Discussing your case with an attorney may give you a more accurate estimate of the alimony you may pay or receive.
How long you receive alimony in South Carolina depends on the type of alimony you are awarded and what the court decides based on the factors of your divorce. Certain types of alimony payments are set to terminate on the remarriage or continued cohabitation of the receiving spouse or on the death of either spouse. Other types of alimony have a set sum and are not terminated until that sum is paid off.
You are disqualified from receiving alimony in South Carolina if you committed adultery. The court considers it adultery when it occurs before the earlier of the following:
The spouse who commits adultery cannot receive alimony.
Because every spousal support award is determined by the unique circumstances of each spouse and the facts of their marriage, knowing the average spousal support award will not tell you what fair support for your marriage looks like.
When you work with an experienced and dedicated attorney, they can provide a more accurate estimate of fair support based on your situation. Your attorney can determine if support is likely for your divorce and what you could expect. Whether you would receive or pay spousal support, your attorney can determine what is fair and then advocate for your interests in court. Both spouses have the right to have financial equity after a divorce, so fair support is essential.
At the Law Office of Charles T. Brooks III, our goal is to help individuals through this incredibly difficult time in their lives. Whether you are getting a divorce or are trying to secure separate maintenance without a divorce, our firm can help you navigate this case. We have supported families and individuals in South Carolina for almost 30 years. Contact our team today and schedule a consultation to learn how we can help you.
Fields marked with an * are required
"*" indicates required fields