Archive for the ‘Alimony/Spousal Support’ Category

Wives can pay alimony too

When I first began practicing family law twenty-five years ago it was almost unheard of for South Carolina wives to be ordered to pay alimony. Even when circumstances suggested alimony might be appropriate (high income wife; low income husband staying home with the parties’ children) few took these husbands’ alimony requests seriously. Often these husbands […]

Hagood opinion establishes important points on transmutation and alimony

The July 17, 2019 Court of Appeals opinion in Hagood v. Hagood establishes important points on transmutation and alimony. It is one of the rare published opinions to reject a transmutation claim while finding a special equity interest. It is the first published opinion in twenty years to address nonmarital assets as a basis to […]

Alimony for the less ambitious spouse

On June 6, 2019, I argued an appeal in the Court of Appeals that involved a novel issue that I expect to become increasingly common. The family court ordered my client, the Appellant/Wife (I was not the trial attorney), to pay significant permanent periodic alimony to her now Ex-Husband. Unhappy with the both amount and […]

Unpublished Court of Appeals opinion does the unprecedented

For the 25 years I have been practicing family law no published South Carolina appellate opinion has approved an award of rehabilitative alimony. While I only began reading unpublished opinions in 2004, I cannot recall any such unpublished opinions. I certainly cannot recall any opinion in which an appellate court reversed an award of permanent […]

A published appellate opinion that might finally terminate alimony based upon continued cohabitation–finally

When, in 1990, South Carolina enacted its current alimony statute, S.C. Code § 20-3-130, it provided three grounds to automatically terminate permanent periodic alimony: 1) either party’s death; 2) the supported spouse’s remarriage; and 3) the “continued cohabitation” of the supported spouse. The statute further defined continued cohabitation as: the supported spouse resides with another […]

Supreme Court acknowledges investment income is a factor in awarding alimony but affirms alimony award in which family court declined to set a specific figure for such income

The March 20, 2019, South Carolina Supreme Court opinion in Sweeney v. Sweeney “establishes” something I had assumed was already well established: in setting alimony, the family court should consider investment income available to the parties. After all, the sixth alimony factor is “the current and reasonably anticipated earnings of both spouses.” S.C. Code Ann. […]

There is no formula to predict South Carolina alimony obligations

There’s a chart circulating amongst South Carolina family law attorneys that lists most of the published alimony opinions and has columns for the amount of alimony ordered, length of marriage, the spouses’ respective incomes and expenses, grounds for divorce, and other factors described in the alimony statute. My understanding is that family law attorneys look […]

Bojilov highlights importance of a good record and accurate financial declarations

The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov, 425 S.C. 161, 819 S.E.2d 791 (Ct. App. 2018), doesn’t establish any novel legal issues but does highlight important recurring issues in South Carolina Family Law. Bojilov stems from a divorce, with the primary issues on appeal being child custody, Husband’s right to […]

 

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Contact Mr. Forman