Posts Tagged ‘Cohabitation’

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 […]

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 […]

South Carolina appellate courts finally approve an alimony termination based on continued cohabitation

As noted in a blog earlier this year, I have despaired that our South Carolina appellate courts would ever find the requisite “ninety or more consecutive days” of  “continued cohabitation” to terminate alimony pursuant to S.C. Code § 20-3-130(B) and § 20-3-150.  In seven previous reported decisions alimony obligors had always failed in their attempts […]

South Carolina appellate courts continue to interpret cohabitation to terminate alimony narrowly in favor of supported spouses; failing to challenge fee affidavit fatal to claim that fee award of $126,797.30 was excessive

The March 16, 2011 Court of Appeals opinion in Biggins v. Burdette, 392 S.C. 241, 708 S.E.2d 237 (Ct.App. 2011), continues the trend of the South Carolina appellate courts to interpret “cohabitation” strictly against an obligor seeking to terminate alimony.  South Carolina law terminates alimony “upon the … continued cohabitation of the supported spouse…”  S.C. Code Ann. […]

Should having sex, or even spending nights, with one’s spouse prevent a one-year’s continuous separation divorce?

South Carolina law allows spouses to obtain a divorce when they “have lived separate and apart without cohabitation for a period of one year.” S.C. Code Ann. § 20-3-10(5).  Based primarily upon what I hear anecdotally, I suspect if you asked South Carolina family court judges whether they could grant a divorce on this ground […]

Supreme Court holds that waiver of adultery’s bar to alimony does not violate public policy

The South Carolina Supreme Court decision in Eason v. Eason, 384 S.C. 473, 682 S.E.2d 804 (2009) corrects an obvious injustice, holding that a written agreement between separated spouses to not use adultery as a bar to entitlement to alimony is enforceable and not a violation of public policy.  Given that South Carolina statutory law already provides […]

Yet another reason for supporting spouses to offer lump sum alimony

Permanent periodic alimony is one debt that may never end until the payor dies.  Today’s Court of Appeal’s decision in Fiddie v. Fiddie, 384 S.C. 120, 681 S.E.2d 42 (Ct.App. 2009) is an additional reminder of why payor spouses might want to offer generous lump sum alimony to avoid permanent periodic alimony. The Fiddies’ twenty-eight year marriage ended in […]

 

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