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Can you receive spousal support even if you filed for divorce?

On Behalf of | Jan 17, 2024 | Divorce, Spousal Support |

When you are the one initiating the divorce, you might wonder if this decision affects your eligibility for spousal support. After all, you asked for the divorce in the first place. In South Carolina, whether you are the spouse who filed for divorce does not automatically disqualify you from receiving alimony. The state’s family law courts focus on fairness and the financial dynamics of your marriage rather than on who filed the paperwork.

Alimony or spousal support is not a punitive measure, meaning it is not something the court orders to punish one spouse. The purpose of alimony is to balance economic disparities between spouses following a divorce. If you have depended on your spouse’s income or sacrificed career advancement to support your household, these factors carry weight in your alimony proceedings.

The types of spousal support in South Carolina

Alimony is one spouse’s financial obligation to the other. It is an amount calculated by the court based on several factors. Although, you and your spouse can also determine an award of alimony outside of a courtroom. If you are considering asking for spousal support, you should know the types available in your state. South Carolina recognizes several types of alimony, including:

  • Periodic alimony
  • Lump-Sum alimony
  • Rehabilitative alimony
  • Reimbursement alimony

Temporary spousal support is also available during the divorce process if necessary. You might also be eligible to receive separate maintenance and support if you have not yet finalized your divorce.

Either spouse can modify spousal support when necessary

Life is unpredictable, and post-divorce, circumstances can change. A spouse can petition to modify or terminate spousal support based on significant changes in financial status or life events, such as the receiving spouse remarrying or either spouse passing away.

It is understandable to feel uncertain about your financial future post-divorce. Seeking spousal support is not about who was the plaintiff or defendant in your divorce case. it is about ensuring that you can transition into your new life with stability.