Alimony Lawyer in Myrtle Beach, SC

Daniel A. Selwa, Attorney at Law, is an alimony lawyer located in Surfside Beach, SC, who accepts divorce and alimony cases in Horry County, Georgetown County, and the surrounding areas.

When you are seeking a divorce, or even if you are just separated from your spouse but not ready to file for divorce, we make it a priority to help you get the financial support you need and that you are entitled to receive, whether that is court-ordered alimony, spousal support, or child support.

No one should feel trapped in a miserable, loveless, or even abusive marriage because they depend on their spouse for financial security. Your alimony attorney can help you determine whether you are entitled to receive spousal support as part of your divorce proceedings or separation.

If you were married for a significant length of time, if your spouse’s earning potential is significantly higher than yours, or if you need financial support to continue the standard of living you enjoyed during your marriage, you may be entitled to spousal support.

Attorney Selwa will fight to ensure that you receive the full amount of alimony or spousal support that you are entitled to receive under the facts of your case and SC law. If your spouse is seeking alimony, your attorney will fight to ensure that you are not ordered to pay more than your former spouse is entitled to receive.

Horry County Alimony Attorneys Who Care

At the Surfside Beach, SC, alimony law firm of Daniel A. Selwa, Attorney at Law, we know that our job is to help our clients get through what may be one of the most difficult times in their life.

When it seems as if everything is falling apart, we are here to help you begin putting it back together again, and that means ensuring that you have the financial support you need to pay your bills, support your kids, and maintain your standard of living.

When you call our law office for help getting a divorce, asking the court for an order of separate support and maintenance, or modifying an existing alimony order, we will:

  • Meet with you to learn about your case and your situation,
  • Answer your questions and help you determine the best path to achieve your goals,
  • Help you determine whether you or your spouse are legally entitled to alimony and how much spousal support should be paid,
  • Draft and file your pleadings to accomplish your goal, whether that is a divorce with alimony, separation with spousal support, or modification of an existing alimony order,
  • Locate and serve your spouse or former spouse with the pleadings,
  • Identify and research any legal issues that may arise in your case,
  • Negotiate with your spouse or their attorney to reach an agreement as to spousal support,
  • Represent your interests in mandatory mediation, and
  • Try your case to a family court judge if your spouse does not agree to pay the alimony that you are entitled to receive (or if your spouse is demanding that you pay an unfair amount of alimony).
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Learn About SC Alimony Laws

Types of Alimony in South Carolina

Alimony is not “one size fits all,” and your alimony lawyer can ask for the type of alimony that best fits your situation.

SC Code Section 20-3-130(B) authorizes the family court to order alimony “in such amounts and for periods of time subject to conditions as the court considers just,” and the court can tailor the alimony to fit your circumstances.

The different types of alimony available include:

  • Periodic alimony – paid monthly,
  • Lump-sum alimony – a set amount that is paid all at once or in payments over time,
  • Rehabilitative alimony – intended to support the receiving spouse until they get back on their feet by completing their education or vocational training,
  • Reimbursement alimony – a set amount intended to reimburse the supported spouse for their contributions during the marriage,
  • Separate support and maintenance – periodic alimony that is paid when the couple is separated but not filing for divorce, or
  • Any other form of alimony that the family court thinks is appropriate.

Is Alimony Ordered in Every Divorce Case?

Alimony is only ordered when a party asks for it, and the family court finds that it is appropriate based on statutory factors.

It is not automatic, and you will need to prove that you are entitled to alimony – keeping in mind the statutory factors – if your former spouse does not agree to pay.

How Does the Court Decide How Much Alimony Should be Paid?

When determining whether alimony should be paid – and how much – the court must consider a list of factors found in SC Code § 21-3-130(C) that include:

  • The length of the marriage,
  • The age of the parties,
  • Their physical and emotional conditions,
  • Their educational backgrounds,
  • Their earning potential and the need for additional education or job training,
  • Their work history,
  • Their standard of living during the marriage,
  • Their “current and reasonably expected” income and expenses,
  • Marital and nonmarital property owned by each spouse,
  • Child custody,
  • Marital misconduct when it “affected the economic circumstances of the parties” or “contributed to the breakup of the marriage,”
  • Tax considerations,
  • Other support obligations, and
  • Any other relevant factors.

Can Alimony be Modified by the Court?

Some types of alimony can be modified by the family court, but others cannot.

Periodic alimony or rehabilitative alimony, for example, can be modified if the moving party shows a change in circumstances, or they can be terminated if the supported spouse remarries or continuously cohabits with a new romantic partner.

Reimbursement alimony can be terminated based on remarriage or cohabitation, but it cannot be modified.

Lump-sum alimony cannot be terminated or modified.

FAQ for Horry County Alimony Lawyers

How Long Do I Have to Pay Alimony?

You must continue to pay alimony unless the court terminates or modifies the alimony order.

Periodic alimony, spousal support, or rehabilitative alimony can be terminated based on remarriage or cohabitation or they can be modified based on a change in circumstances.

Reimbursement alimony can be terminated based on remarriage or cohabitation, but it cannot be modified.

Lump-sum alimony cannot be terminated or modified – it is a lump sum that must be paid.

Is Adultery a Bar to Alimony in South Carolina?

Take care if you intend to start dating new people before your divorce is final – adultery is a complete bar to alimony, but only if it happens before 1) a formal written settlement agreement is signed or 2) the court enters a permanent order.

What if my Former Spouse is Not Paying Alimony as Ordered by the Court?

Your alimony lawyer can help by filing a “rule to show cause,” asking the family court to enforce the alimony order and hold your former spouse in contempt of court if they refuse to pay.

How Can I Help to Ensure I Get the Alimony I am Entitled to Receive (or Ensure I Don’t Pay Alimony My Spouse is Not Entitled to Receive)?

Meet with your Horry County alimony attorney as soon as possible once you decide you are going to separate or divorce.

Document everything, keeping in mind the statutory factors that the family court must consider when making alimony determinations.

Do not commit adultery – if your divorce is not final, talk with your alimony lawyer about when it is safe to start dating.

Take care not to engage in misconduct that might influence the court’s decision in making an alimony award, including adultery, harassing behavior, or exposing your children to drug abuse, alcohol abuse, or harmful individuals.

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