Summerville Alimony Lawyers

When To Reach oUt to us

We can provide legal guidance when you:

• Are considering a separation or divorce and know you will need financial assistance in the form of alimony
• Are facing unreasonable demands from a spouse who is not entitled to alimony
• Need a temporary order or settlement agreement that provides for separate support and maintenance
• Need to collect unpaid alimony from your former spouse
• Need to modify an alimony order based on a change in circumstances

Our guidance adapts to the nuances of each case in Summerville, where family court judges often consider local cost of living and specific family needs when reviewing support requests. If your case involves properties or employment located in both Charleston and Berkeley counties, jurisdictional details can affect the process and timing. We help clients understand these local differences and prepare for hearings in the appropriate family court, whether your matter falls under the Dorchester or Berkeley County system.

If you have questions about alimony or how to modify an existing order, give us a call at (843) 891-6100.

How Our Summerville Alimony Lawyers Can Help

We’ll help you by:

• Meeting with you to learn about your situation and to find out what your goals are
• Investigating your case and gathering the evidence you will need to persuade the court that your spouse should pay alimony or that you should not pay alimony, depending on your circumstances
• Filing any required pleadings or motions with the court
• Negotiating with your former spouse or their attorney to reach an agreement as to the amount of alimony that must be paid
• Trying your case in front of a family court judge and asking the court to order relief when an agreement cannot be reached

We also guide clients through South Carolina's financial disclosure requirements that are necessary in a family law matter. We make sure you know which documents influence support decisions. Our familiarity with Summerville court calendars helps us move efficiently as different courts in the area structure their dockets differently. You can feel confident that you are prepared as your matter moves forward.

Frequently Asked Questions

Is Alimony Required in SC?

Alimony is not automatically required in a South Carolina divorce, but a family court may order it in certain cases.

A judge may order alimony when one spouse needs financial support to maintain the standard of living from the marriage, especially after a long-term marriage or when there is a considerable difference in the spouses’ earning abilities or education levels.

What Factors Does the Court Consider When Awarding Alimony?

SC Code Section 21-3-130(C) lists the factors that the family court should consider when deciding whether to award alimony, including:

• The length of the marriage — you are more likely to be awarded alimony if you were married for 30 years than if you were married for one year
• Each person’s physical and emotional health
• Each spouse’s earning capacity and educational level
• The couple’s standard of living while they were married
• Each spouse’s current and expected future income, expenses, and needs
• Whether the parties are paying alimony or child support from prior marriages
• The amount of property owned by each spouse
• Whether one spouse’s income potential is limited due to child custody
• Marital misconduct
• Any other factors that the court thinks are relevant

Can I Get Alimony if My Spouse is Claiming Adultery?

SC law says that you cannot get alimony if you have committed adultery, if the adultery happened before:

• A written separation agreement was signed; or
• The court entered a permanent order for separate support and maintenance. 

If your spouse proves adultery as grounds for divorce, you may become ineligible for alimony. When a couple separates and one spouse begins dating before a court awards alimony or the parties sign a formal separation agreement, the court may also bar alimony.

Are There Different Types of Alimony in SC?

SC has several different types of alimony that could be awarded, including:

• Periodic alimony: Paid each month until the supported spouse remarries, lives with another partner continuously, or dies, or the order is modified based on a change in circumstances
• Lump sum alimony: A set amount that is paid all at once or over time that cannot be modified unless the supported spouse dies
• Rehabilitative alimony: Intended to help the supported spouse get the education or job training they need to maximize their earning potential (rehabilitative alimony can be modified later under some circumstances)
• Reimbursement alimony: Designed to reimburse the supported spouse for losses incurred during the marriage, reimbursement alimony is usually a set amount that is paid all at once or in installments, and it cannot be modified based on a change in circumstances.
• Separate support and maintenance: Monthly payments similar to periodic alimony where the couple is living separate and apart but is not seeking a divorce

Each form of alimony has its own purpose, and the right fit depends on your situation and the preferences of the local court. For example, judges in the Summerville area may favor rehabilitative alimony when a spouse pursues additional job training in Dorchester or Berkeley County. Recognizing local court tendencies allows us to prepare an approach that supports your needs.

How Can I Enforce Alimony?

If your former spouse does not pay court-ordered alimony, you can ask the court to enforce the order and, in some circumstances, hold them in contempt. If the court finds your former spouse in violation, it may impose legal consequences intended to compel payment.

If you are required to pay alimony and experience a significant change in circumstances, you can request a court modification before falling behind on payments. The court considers these requests seriously, and early action helps address problems before they grow.

For more information, call (843) 891-6100 or send us a message to schedule a consultation with our Summerville alimony attorneys.