Spousal support is a key part of many divorce or separation proceedings under South Carolina family law. It serves to provide financial stability to a spouse who may not have the same earning capacity or resources after the marriage ends. South Carolina courts have broad discretion in determining the type, amount and duration of support awarded.
Unlike a fixed formula, the courts assess each case based on a range of statutory factors. Whether temporary or permanent, spousal support can significantly impact both parties’ financial futures, making it a central issue in family law proceedings.
Factors considered when determining spousal support
Courts evaluate a combination of financial, personal and circumstantial elements before making a decision on spousal support. These factors include:
- Length of the marriage: Longer marriages may lead to more substantial support awards, especially if one spouse has become financially dependent on the other.
- Physical and emotional condition of each spouse: Courts consider whether health conditions affect either spouse’s ability to work or support themselves.
- Education and employment potential: A spouse who requires further education or training to re-enter the workforce may receive support to help achieve self-sufficiency.
- Standard of living during the marriage: Judges often aim to maintain a similar standard of living for both parties post-divorce, where reasonable.
- Marital misconduct: Adultery or financial misconduct may influence the outcome, particularly if the behavior affected the couple’s economic stability.
- Custody and parenting responsibilities: If one parent assumes primary custody and cannot work full-time as a result, that may affect the support determination.
- Financial resources and property division: Each spouse’s access to marital and nonmarital assets is considered, along with ongoing financial needs.
Spousal support awards in South Carolina depend on the unique facts of each case. Courts may order periodic, lump-sum, rehabilitative or transitional support. Given the impact of spousal support orders on future finances, seeking legal guidance may help you understand your rights and responsibilities.
