What constitutes “income” when determining an appropriate award of alimony?

Alimony is not an exact science in South Carolina. 13 separate factors must be separately analyzed and each one specifically addressed when making an alimony order.  It is usually a simple matter to accurately determine income by examining tax returns, W-2’s, 1099’s, etc. But when i...
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Rehabilitative Alimony In South Carolina: What is it and can it ever be modified?

Sometimes the facts of a divorce case may not support an award of periodic (permanent) alimony. Lawyers and mediators will often look to short term support solutions called “rehabilitative” alimony as a compromise. As stated numerous times on this blog, SC has a preference for periodic (permanen...
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Alimony

Wife Ordered To Pay 24% of her Gross Monthly Income To Husband For Permanent Alimony

This past February the South Carolina Court of Appeals, in an unpublished opinion, upheld a permanent, periodic alimony award requiring Wife to pay her former husband 24% of her gross income. Newman v Newman. The court found that the trial judge properly considered all of the required 13 statutory a...
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Requirements For Property Division and Alimony Clarified by Supreme Court

Last month the Supreme Court of South Carolina in Crossland v Crossland clarified the criteria that the Family Court must consider when ruling on alimony and property division issues. Mr. Crossland had been retired for over 20 years at the time of his marriage to Mrs. Crossland in 1997. Just 9 year...
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