How To Avoid Paying Alimony in South Carolina?

Getting a divorce can be one of the hardest situations to find yourself in. Nobody ever plans for their marriage to end, and the fallout from such a monumental life change can sometimes be more than you may be prepared to handle. For instance, depending on the length of your marriage, you may be required to pay a substantial amount in alimony to your ex-spouse. An experienced Sumter divorce lawyer can help you learn how to avoid paying alimony in South Carolina.

What Is Alimony?

When you get divorced, untangling your finances from your spouse’s is vital to the division of assets. In the event that you earn a significantly higher amount than your spouse, the court may order you to pay alimony for the foreseeable future. It’s a general agreement that is often reached in many divorce proceedings. The goal of alimony is to make life easier for the lesser-earning spouse who is now going to be in a much worse place financially due to the divorce.

While alimony, also called spousal support, is not awarded in every divorce settlement, it is a common part of divorce proceedings. In some cases, couples may reach an alimony agreement together if they are pursuing an uncontested divorce, alongside asset division and child custody arrangements. Other times, the amount in alimony is decided by the judge presiding over the case.

How To Avoid Paying Alimony in South Carolina

Alimony is never a guarantee in any South Carolina divorce case. Generally, if one spouse earns much less than the other, the court will likely award the lesser-earning spouse a certain amount in alimony until they are able to support themselves or until they marry someone else. In other cases, depending on the situation at hand, alimony may not even be considered.

Here are some situations in which you may not have to pay alimony or can avoid paying alimony in the event of a divorce in South Carolina:

• Reach an Agreement: If your divorce is uncontested, reaching an agreement regarding alimony can be much easier. If you and your spouse are divorcing amicably, you are likely able to talk things through without animosity, blame, or emotional distress. You can reach an agreement not to pay alimony if your spouse agrees that they do not need your money after divorce. You simply need to sign a formal separation agreement.
• Change in Circumstances: If you are already paying alimony but something happens to you that greatly changes your financial circumstances, you can request a modification to your court-ordered alimony payments. You would need to prove to the court that something significant has changed in your life to warrant such a modification. This could be a change in your health, losing your job, having another child, or even retirement.
• Death or Marriage: If the spouse who is receiving alimony dies, you will no longer have to pay alimony. Additionally, the payments will stop if the receiving spouse marries someone else or even moves in with them for a long-term period.
• Work Encouragement: You can try to encourage your former spouse to reenter the workforce and become more self-sustaining. The better the receiving spouse’s finances become, the less likely they are to require alimony.

FAQs

Q: What Disqualifies a Spouse From Alimony in South Carolina?

A: In South Carolina, a spouse can be disqualified from receiving alimony if they commit adultery before signing a marital agreement or engage in other forms of marital misconduct, such as financial abuse, physical cruelty, desertion, or habitual drunk behavior. In South Carolina, marital misconduct may play a part in deciding alimony payments, as well as asset division and custody arrangements. If a judge deems it unnecessary, there may be no alimony awarded.

Q: How Do I Get Out of Alimony in South Carolina?

A: There are multiple ways you can try to get out of paying alimony in South Carolina. First and foremost, you can try to file a court motion to modify the payment amount. The judge presiding over your case will consider your motion and decide if the alimony amount needs to be modified. If your spouse enters into a new relationship and moves in with their new partner, that can result in a reduction in alimony payments as well.

Q: Is Alimony Mandatory in South Carolina?

A: While alimony is not an automatic part of every divorce settlement in South Carolina, it becomes mandatory if a judge declares it. Generally, the court will insist on alimony payments if there is a significant income disparity between both partners. Alimony is intended to help the lesser-earning spouse get back to a place of sustainability and financial safety. The court will consider many factors about the marriage before deciding if alimony is needed and deserved.

Q: Is There a Way Around Alimony in South Carolina?

A: Yes, there are multiple ways around alimony payments in South Carolina. Alimony can be adjusted as a result of certain changes in both parties’ circumstances. If your financial situation changes for the worse, you can attempt to get your alimony payments reduced or even stopped. If your former spouse gets a new job and starts earning a wage to support themselves, that can be enough to have alimony stopped entirely.

Reach Out to an Experienced Divorce Lawyer

When you get divorced, you may not immediately think about the substantial financial hardships that are about to befall you, including monthly alimony payments. Depending on the circumstances of your divorce, alimony might be a difficult thing to accept, but if it is ordered by the court, you have to follow through with payments. An experienced divorce lawyer can help you reduce those payments or figure out a plan to avoid them entirely.

The legal team at Kinney Law Firm understands the kind of legal help you need when dealing with a contested divorce. We can help you work on a separation agreement, negotiate alimony, and represent your interests in court if it comes to that. Contact us to speak with a valued team member about a consultation.