Posts Tagged ‘Alimony/Spousal Support’

Betting on an estranged spouse’s untimely demise

In the first twenty years of my practice it was rare that a party died in the middle of divorce litigation or within a few years of the divorce. The few times this happened there were obvious warning signs: either a history of serious mental illness including suicidal ideations, or addiction to dangerous narcotics–typically opiates. […]

Where should one enforce a support order when the obligor resides elsewhere?

A common dilemna in family law is enforcing a support order when the obligor no longer resides in the issuing state. There are two reasonable ways of resolving the matter. One option is to enforce the order in the issuing state and, if necessary, register the resulting enforcement order in the obligor’s state of residence. […]

Five years of litigation, all for naught

Pity poor Lori Stoney, a fellow member of the Charleston County family court bar, and the appellant in the July 27, 2016 Court of Appeals opinion in Stoney v. Stoney, 417 S.C. 345, 790 S.E.2d 31 (Ct. App. 2016).  After waiting over 20 months from oral argument to the decision, the Court of Appeals simply […]

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 […]

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 […]

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 […]