Archive for the ‘Alimony/Spousal Support’ Category

Waiving alimony by committing adultery affects more than just alimony

South Carolina’s alimony bar to spouses who have committed uncondoned adultery (S.C. Code Ann. § 20-3-130(A)) is unique in United States alimony law. It reflects an archaic and patriarchal view of marriage and should be abolished. Of course South Carolina’s overwhelming preference for permanent periodic alimony is similarly archaic and patriarchal. However so long as […]

It is likely practicably impossible to terminate alimony due to “continued cohabitation” in South Carolina

In January 2013, noting that none of the seven published South Carolina appellate opinions dealing with the issue of “continued cohabitation” had found it existed and therefore terminated alimony, I blogged, “Is there ever sufficient evidence of “continued cohabitation” to terminate alimony?” Seven months later the Court of Appeals finally affirmed a “continued cohabitation” alimony […]

A lot of work for $2.35 a month

On July 22, 2015, three and a half years after the Court of Appeals remanded the family court’s increase in an Ex-Wife’s alimony to $1,547.65 per month in the case of Roof v. Steele, 396 S.C. 373, 720 S.E.2d 910 (Ct. App. 2011), the Court of Appeals, in the case of Roof v. Steele, 413 […]

This is what it takes for a man to get permanent alimony in South Carolina

The South Carolina Courts website lists the roster of cases set for oral argument along with a brief description of the issues on appeal. Maybe I’m cynical, but when the December 2014 roster listed Ricigliano v. Ricigliano as a case in which the issue was whether the family court erred in failing to award a […]

How does retirement affect alimony?

In 2012 South Carolina amended the alimony modification statute, S.C. Code § 20-3-170(B), to include specific factors for the family court to consider on whether to modify or terminate alimony when a supporting spouse retires. Those factors are: (1) whether retirement was contemplated when alimony was awarded; (2) the age of the supporting spouse; (3) […]

The dangers of dating before divorce (or before a final order of separate maintenance)

People coming out of an unhappy marriage are often eager to begin dating. Yet there are risks in dating before one is divorced.  My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date […]

Court of Appeals continues recent trend of rejecting a family court’s credibility determinations

One portion of this opinion was substantially modified on February 25, 2015: Refiled opinion in Srivastava makes revisions to equitable distribution ruling. The December 23, 2014 Court of Appeals opinion in Srivastava v. Srivastava has an interesting analysis on the ability to pay as a factor in an award of attorney’s fees in family court actions […]

Supreme Court completely reverses Court of Appeals and reinstates family court’s alimony, property division and attorney fee award

The July 2, 2014 Supreme Court opinion in Crossland v. Crossland, 408 S.C. 443, 759 S.E.2d 419 (2014), completely reverses the prior Court of Appeals opinion and reinstates family court’s alimony, property division and attorney fee award. The family court had awarded Wife permanent periodic alimony. The Court of Appeals remanded the alimony award back to the […]