Factors Considered in South Carolina Spousal Support Payments
When a marriage is over, both spouses should have the opportunity to maintain the lifestyle they were accustomed to during the marriage. In some situations, spousal support is awarded to one spouse to give them the opportunity to rehabilitate themselves in order to maintain that lifestyle.
At Carver Law Firm LLC, we help clients throughout Myrtle Beach, South Carolina, and the surrounding communities, understand the factors that are considered in spousal support arrangements, including:
- Length of the marriage: The length of the marriage may be a factor in the receiving spouse's ability to be rehabilitated. If one spouse has spent 20 years raising the children, they would likely receive more support than if the couple had been married for a shorter period of time.
- Fault grounds for the divorce: If fault is found against the party asking for spousal support, they could lose all support. Grounds for fault include adultery, physical abuse, and drug or alcohol abuse.
- Number of children in the marriage: Although the number of children is not listed as a factor in spousal support determinations, it may come into play. There is a limit to the amount of support a person can pay each month, so if a bulk of that goes to child support, there will be less money available for spousal support.
- Disparity in incomes: Spousal support considers each spouse's income. Any disparity in income is taken into account, as well as the cause for the disparity. Were both spouses working during the marriage? If one spouse was not working, was he or she raising the family? Unlike child support payments, a court takes into consideration whether a party has the ability to pay spousal support.
To learn more about the spousal support payments you may be expected to make or may be entitled to receive, contact our lawyer online, call 843-502-0367 locally or toll free at 866-623-7040 to work with an experienced family law attorney.