There have been numerous studies trying to get a handle on how alimony is done? What amounts’ people will have to pay?
Truth of the matter is it’s a black hole, there’s not a lot a rhyme or reason alimony. Many people feel that alimony is some type of punishment for bad behavior in a marriage or it is a punishment for wrongful conduct of some type which that is not the case. You can look in South Carolina code and I’m going to read part of it from the code Section 20-3-130 it is captioned and award of alimony and statutes defines the different types of alimony. But what I’m going to go through here today is the factors that the court will consider in making an award of alimony. And again lawyers are going to look at this in different ways they’re going to interpret it differently but these are the factors that the court will look at.
The first thing being the duration up the marriage along with the ages at the party’s at the time of the divorce or the action between the parties and certainly that should be common sense whether you’re seventy five years or nineteen years of age or middle-aged, what is the age of your spouse? How long you two have lived together? These are one of thirteen different factors the court will consider.
The second thing is the physical and emotional condition of the spouse. And very frequently people come in and say, “Well, my spouse is crazy.” “My spouse is going to a psychiatrist.” Be very much aware that what you may view as a positive that yours spouse may view as an asset or a negative its subject to which side the coin you’re maybe on but the court will look at what is the physical and emotional condition of each of you. They will also look at what’s called the educational background of each spouse. Together with the needs of each spouse for additional training or education in order to achieve that spouse’s income they will also look at your employment history and your earning potential. They will additionally look at and this is standard number five, the standard of living established during the marriage, in other words what kind of lifestyle did you live.
Number six is the current and reasonably anticipated earnings of both spouses. The current and reasonably anticipated expenses and needs and again this is a need not necessarily desire along with the marital or non-marital property of the party such as if one has a large inheritance or a trust fund.
They will also look at and this is the thing people want to focus on is the marital misconduct or fault of either or both of the parties. The court will additionally consider the tax consequences to each of you and the existence or extent of any other support obligations from a prior marriage and any other factors the court may deem relevant.