A Short Introduction to the South Carolina Alimony Calculator
What is a South Carolina alimony calculator?
An alimony calculator is meant to assist lawyers and their clients by estimating what alimony payments will result from particular marital situations. Unfortunately, they rely on hard state guidelines for accuracy, and South Carolina’s spousal support laws are very vague, making South Carolina alimony calculators unreliable. Thankfully, if you do enough research into state law and practices, you can easily replicate the work of a South Carolina alimony calculator.
What factors influence a South Carolina alimony calculator?
When trying to use an alimony calculator for South Carolina, you should be sure that your estimate takes into account several important factors. These are the elements that the state legislature has mandated all judges to consider during divorce proceedings. Read the statute here. Then ask yourself these questions which are derived from the statute’s stipulations.
1. How long did the marriage last? Five year marriages rarely require alimony, while the longer a marriage lasts, generally the greater the alimony payments are.
2. What is the physical and emotional condition of each spouse? Are they equally capable of full-time employment?
3. Was any untoward behavior committed during the marriage by either spouse that may be classified as marital misconduct, especially if this led to the dissolution of the marriage?
4. What is the individual standard of living costs incurred by each spouse?
5. What is the current and the reasonably anticipated earnings of each spouse?
6. Does either spouse receive or is obligating to pay other spousal or child support fees?
7. Is it inappropriate for either spouse to work outside of their house because they are the custodial guardian of a minor child or disabled adult needing their care?
8. What is the educational background of each spouse? Does one require additional training to find appropriate employment?
9. Does the spouse paying alimony stand to receive significant income tax benefits from doing so?
10. How was marital property apportioned during the divorce proceedings? Did one spouse benefit disproportionately? Can either make enough income from this property to sustain their standard of living?
What types of support does a South Carolina alimony calculator estimate?
There are many different types of alimony that a person in South Carolina can receive, and you should try to use a South Carolina alimony calculator only if you know which applies to your situation. Those types of alimony are:
• Periodic alimony: Paid in monthly installments until the order is terminated by the judge or at the time of one spouse’s death.
• Lump sum alimony: A one-time total sum, payable for whatever reasons a court desires as part of a Divorce Settlement.
• Rehabilitative alimony: Paid either periodically or in one installment, so that a lower-income spouse can increase their earning potential through education. May be subject to cancellation if the recipient spouse is found in cohabitation with any other person.
• Reimbursement alimony: Paid either periodically or in one installment, to reimburse the recipient spouse for their contributions to their spouse’s income.
