Alimony Lawyer

One of the most common questions I get when I first meet with a person considering divorce or separation concerns alimony. It is natural to wonder early on in a divorce process what kind of alimony obligation there might be. However, it is one of the more complicated aspects of Family Law, which makes this common question difficult to answer. In this article I give an overview of the topic of alimony and some examples of why negotiation of alimony issues is serious business.

SC Law
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In South Carolina, the Code of Laws requires the Courts to consider thirteen separate factors in choosing to award alimony, how much to award and the length of the obligation. The law does not address any of these issues specifically. Factors to be considered include the length of the marriage, the disparity of earnings between the parties, future earnings potential of each party, the education levels attained by the parties, mental or physical health issues and marital misconduct or “fault”. The statute is gender neutral so, in South Carolina, women and men are equally eligible to participate in paying or receiving alimony.

South Carolina is Liberal on Alimony
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South Carolina is known as a “liberal” alimony state, meaning that it is one of a few states where a person can be obligated to pay a generous amount of alimony on a permanent basis. The law reflects the notion that a person has a moral, ethical and legal responsibility to support their spouse. A South Carolina Family Court Judge will generally not be reversed on appeal for giving too much alimony for too long, but he or she will more likely be reversed for awarding alimony that is insufficient in amount and duration.

How Much for How Long?
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In South Carolina, alimony can be awarded in different ways depending on the specific circumstances of the parties. Alimony awards can be permanent/periodic, lump sum or rehabilitative, taxable and non-taxable in nature. There is no definitive mathematical formula used to determine the amount of an alimony award. Several computer programs are helpful in analyzing alimony obligations (I rely on one myself), but none are determinative. One way to get a general understanding of an alimony obligation is to determine the monthly living expenses for the spouse with the smaller income. If the after-tax income of that spouse leaves them short of their reasonable monthly living expenses, then a Court will likely seek to make up the difference or even balance the incomes with funds from the spouse with the greater income.
Similarly, the law does not specify criteria to determine the duration of an alimony obligation. A marriage of 12 to 15 years very often results in a permanent alimony obligation in South Carolina, but not necessarily (providing, of course, that an obligation exists in the first place). Legal authority exists in South Carolina for a permanent alimony award resulting from a marriage of only one year! Permanent alimony can only end upon the death of either spouse or upon the re-marriage or co-habitation of the supported spouse.

Can it be Modified?
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Alimony is always modifiable if it is awarded on a permanent basis, but only upon a showing that there exists a substantial change in circumstances. Our courts have ruled that a 20% increase in income by former husband did not support the former wife’s request for increase in her monthly award. An issue that is becoming increasingly common with the aging of baby boomers is the extension of alimony obligations into retirement years. It is important to understand that retirement will not necessarily suffice as a change in circumstance to warrant a decrease in alimony. Each request for modification of alimony will turn on the facts specific to the parties involved.

Can it be Avoided?
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The only absolute prohibition to an alimony award is if the spouse requesting alimony has committed adultery. Other forms of fault, such as physical cruelty, habitual alcoholism and abandonment will not necessarily bar alimony, but may effect the amount or duration of the award, up or down, depending on where the fault is placed.

The Bottom Line
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At the risk of sounding self-serving, my advice is to always negotiate alimony with the assistance of a qualified family law attorney. I have worked with several clients who previously paid a huge price as a result of negotiating on their own or going along with advice they did not understand. The financial exposure can be overwhelming. Given the complicated nature of most couples’ financial lives, it is simply too risky to negotiate alimony without sound legal advice.

Originally published here.

Guy J. Vitetta, originally from Philadelphia, PA, graduated from Ohio’s Kenyon College with a B.A. in history and religion. As a community activist addressing consumer and environmental issues, Guy realized his most influential avenue for making a difference in the community was in the practice of law. He graduated from Capital University Law School in Columbus, OH in 1991. Clerking in the Death Penalty Section of the Ohio Public Defender Commission, Mr. Vitetta worked on appeals for Death Row inmates. For the next eleven years, he served as a Public Defender in Columbus, then in Charleston County, SC, before opening his private practice in Charleston, South Carolina.

Guy Vitetta ?s criminal practice is active in municipal, state, and federal courts. Guy was the first attorney in South Carolina trained in Collaborative Law, and is a founding member and president of the South Carolina Collaborative Law Institute. He is also a Certified Family Court Mediator in South Carolina. Guy holds an AV® Peer Rating*, the highest given by Martindale?Hubbell.

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Sometimes, all that legal mumbo-jumbo can be so confusing.  But as long as you know the basics, you’ll easily be able to understand anything that you read that comes from the courts, and knowledge is definitely power when you’re dealing with your ex-wife and her attorney.

DISSOLUTION–essentially, “divorce.”  Dissolution of marriage is typically how you seen this word used.

MAINTENANCE–this is typically more popularly known as alimony.  This is typically used to help the ex-wife get on her feet after the divorce, and can supplement her own income.

PLAINTIFF–the person who filed and began the initial divorce proceedings.

DEFENDANT–otherwise known as the respondent, and the person who received the suit from the plaintiff.

COMPLAINT–initial statement that is sent to the court by the plaintiff stating the issues at hand and information the supplements their lawsuit.

JURISDICTION–the authority of the court over the defendant in the lawsuit.

RECONSIDERATION–this is essentially a new trial that can be started due to an error or belief of error by the judge in the previous, original divorce court trial.

ARBITRATION–someone else that makes decisions regarding the case before and outside of the courtroom.  This is typically a lot less costly than taking the case in front of a jury or judge.

MEDIATION–an agreed-upon process in which you will come together and negotiate certain terms of the divorce well before the issue goes into court.  This can also be done and agreed upon, or even enforced, by a judge.

By knowing these terms, you will have an advantage over your ex-wife, especially if she is going through the divorce Pro Se as well!

Originally published here.

For a wealth of free information on Father’s Rights winning information, check out Dennis Gac’s website at fathershelphotline.com.  Gac is often referred to as the world’s number one father’s rights consultant, and has helped thousands of fathers get their children through the court systems, despite everything society has against them.  Join Dennis Gac and the National Brotherhood of Father’s Rights!