Posts Tagged ‘Rehabilitative Alimony’

Unpublished Court of Appeals opinion does the unprecedented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 While I only began reading unpublished opinions in 2004, I cannot recall any such unpublished opinions.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 […]

Two recent interesting unpublished family law opinions

I rarely blog about unpublished opinions because even when they are interesting, and even when they should have been published, they rarely do anything other than restate legal principals that have been established in published opinions. However two recent unpublished family court opinions make new law–or would make law if they were published and therefore […]

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 […]

Combining rehabilitative and permanent alimony

For reasons that are only marginally explicable, South Carolina attorneys and judges are reluctant to issue orders or enter agreements that combine rehabilitative alimony with permanent alimony.  However, there are common circumstances in which a combined alimony award makes sense. Permanent periodic alimony is designed to allow a supported spouse to maintain the marital lifestyle […]

(Un)important unpublished rehabilitative alimony opinion from Court of Appeals

I was eagerly awaiting the Court of Appeals decision in Allen-Hines v. Hines because I was hoping it would answer the question of whether a short marriage alone was sufficient to award rehabilitative alimony rather than permanent periodic alimony.  On August 29, 1988, the Court of Appeals affirmed an award of one year rehabilitative alimony […]

Does a short marriage justify the award of rehabilitative alimony rather than permanent alimony?

Most family law attorneys and divorcing parties seem to believe a short marriage suggests an award of rehabilitative rather than permanent alimony.  I’m not so sure.  Next month the Court of Appeals will hear oral argument in the appeal of Karen Allen-Hines v. Franklin Hines.  One of the issues on appeal is whether the family […]


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