Columbia Spousal Support Lawyer

Columbia Spousal Support Attorney

Divorces are known to be financially straining. Spousal support payments, when they are fair, can make things easier for spouses after a divorce. To protect your financial interests, it is crucial that you work with a Columbia spousal support lawyer. The right attorney helps you navigate this stressful case, ensures support is fair, and advocates for your financial needs.

Spousal support payments are made from one spouse to another during or after the divorce. This is also called alimony and spousal maintenance. At the Law Office of Charles T. Brooks III, our family law firm has been supporting families in South Carolina for nearly 30 years. We understand how important it is that spousal support is fair and that neither spouse deals with financial uncertainty after a divorce.

When you need support navigating a spousal support determination and other complex aspects of a divorce, our firm can help. Charles T. Brooks III knows that divorces require sensitivity and compassion as well as diligent legal care. The 5th Judicial Circuit serves Columbia, and the Richland County Courthouse is located at #205 on 1701 Main Street.

Types of Spousal Support in Columbia

The divorce rate in South Carolina is 2.4 per 1,000 population as of 2022. Spousal support is not included in every divorce. The court only grants these payments when the circumstances are appropriate, with the goal of providing financial equity for each party.

Several factors are considered when determining the type, amount, and duration of spousal support. This includes income, and the median household income in Richland County was over $61,000 a year from 2019 to 2023. In South Carolina law, there are several types of spousal support, alimony, and maintenance, and each is paid in different ways:

1. Periodic alimony. This is paid to one spouse but terminates if they remarry or continually cohabitate with someone, or if either spouse dies. It can also be terminated or modified as circumstances change.
2. Lump-sum alimony. This is a set payment made from one spouse to the other, either as a one-time payment or in installments. It terminates when the supported spouse dies, but does not terminate, or it is changed if the supported spouse remarries or their circumstances change.
3. Rehabilitative alimony. This is a finite amount of support paid either at one time or periodically, with the goal of helping the supported spouse secure job training or education to earn a better income. It can be terminated when the spouse remarries or continually cohabitates, if either spouse dies, or if the supported spouse has been unable to become self-supporting despite good faith efforts.
4. Reimbursement alimony. This is also a finite sum, which is paid to reimburse the supported spouse for monetary contributions or time spent during the marriage to support the other spouse in education or employment. It can be terminated when either spouse dies or when the supported spouse remarries or continually cohabits. It cannot be terminated or modified based on changes in the future.
5. Separate maintenance and support. This is paid periodically and may be awarded during the divorce process or even if the parties are not seeking a divorce but are separated. The purpose is to provide for a spouse’s support when parties are living separately. It terminates when the parties divorce, either party dies, or the supported spouse continually cohabits. It can be modified based on changing circumstances.

The court in Colombia can also create other forms of spousal support if needed.

What Factors Influence Spousal Support?

There are several factors the court considers when determining what type of spousal support to award and the amount of that support. The court will never award spousal support to a spouse who committed adultery prior to either signing a marital agreement or entering a permanent order for separate maintenance, whichever event comes first.

Some of the factors the court will consider include:

1. The length of the marriage, the age of the spouses at the time of the marriage, and the age of the spouses when divorce is filed
2. Each spouse’s physical and emotional state
3. Each spouse’s educational background and the need of each spouse for additional job training or schooling to reach their income potential
4. Whether either spouse has financial obligations from a prior marriage
5. The reasonably anticipated financial needs of each spouse
6. The standard of living that spouses enjoyed during the marriage
7. Each spouse’s separate and marital property
8. How child custody limits the ability of either spouse to seek employment

There are many other factors the court may consider if they are determined to be relevant.

FAQs About Columbia, SC Spousal Support Laws

How Long After Divorce Can You Get Spousal Support?

If spousal support was not awarded in the divorce, you typically cannot get any awarded after the finalization of that divorce. However, you could modify your existing spousal support. Some divorces allow for modification to support even if nothing was awarded. To modify the support portion of the divorce decree in South Carolina, you likely must prove that your financial ability or other life circumstances have changed and require a modification to support.

How Is Spousal Support Different From Alimony?

Spousal support and alimony nearly always refer to the same thing: a payment made from one spouse to the other as part of their divorce proceedings. In South Carolina, this type of support is called spousal support, alimony, and maintenance in the law. Not all divorces will include spousal support, although some do.

Who Pays Spousal Support?

Not all divorces include spousal support. The court considers many factors to determine who pays spousal support in divorces. Support may be awarded if the court determines that the circumstances of each party make it fair. The court will also consider factors such as:

• The couple’s standard of living
• The existing and expected earnings of each spouse
• Each spouse’s marital and nonmarital property
• Tax consequences induced by a specific type of spousal support

How Long Do You Have to Support Your Spouse After Divorce?

When the court awards spousal support, the divorce decree will state how long the support will last. The court decides the type and termination of spousal support based on factors such as:

• How long the parties were married
• The ages of the parties
• Each spouse’s physical and emotional well-being
• Each spouse’s earning potential and employment history
• Existing child custody orders and how they affect the employability of a spouse
• Either spouse’s marital misconduct

Contact a Skilled Columbia Spousal Support Attorney

When you need experienced and compassionate legal support, contact the Law Office of Charles T. Brooks III today.