Greenville Business Magazine's 2017 Legal Elite

Each year, attorneys are asked to vote on their peers for inclusion in the Greenville Business Magazine's Legal Elite. The top attorneys are featured in the August issue. We are honored and humbled to be included for the third year in a row for Legal Elite in Family Law. We certainly couldn't do the job we do without our team. In our eyes, it's our team of paralegals, office manager, and attorneys that make our firm elite. Thank you to our peers for this prestigious honor! We look forward to many continued years serving the community through our family law practice. 

To view the magazine: http://www.mirabelsmagazinecentral.com/DigitalEdition/index.html?id=c446b50c-508d-439a-b413-c8e7e53244fb

Is Spousal Support appropriate in my case?

During any divorce or separation of a marriage there is frequently a question of whether one spouse or the other is entitled to receive spousal support or alimony from the other. The answer to this question depends on a number of factors and is in the complete discretion of the trial judge. The Court of Appeals in South Carolina has determined that:

Alimony is a substitute for the support which is normally incident to the marital relationship.” Lide v. Lide, 277 S.C. 155 S.E. 2d 832 (1981). Ordinarily, the purpose of alimony is to place the supported spouse, as nearly as is practical, in the position of support she [he] enjoyed during the marriage. See Voelker v. Hillock, 288 S.C. 622, 344 S.E.2d 177 (Ct. App. 1986).

Section 20-3-130, Code of Laws of South Carolina, 1976 defines six types of spousal support than may be awarded by the family court: (1) periodic alimony; (2) lump sum alimony; (3) rehabilitative alimony; (4) reimbursement alimony; (5) separate maintenance and support; (6) such other form of spousal support, as the court determines just and appropriate under the circumstances. Lump sum and rehabilitative alimony awards are not favored and may require special circumstances to justify departing from the normal preferred permanent, periodic alimony or if done by informed consent of the parties.

Factors for the trial court to consider in awarding alimony were established by the Supreme Court as follows[1]:

(1)               Financial condition of the parties;

(2)               Needs of the party seeking alimony;

(3)               Age and health of the parties;

(4)               Respective earning capacities and individual wealth;

(5)               Contributions to the accumulation of their joint wealth;

(6)               Conduct of the parties;

(7)               Standard of living of the parties at the time of the divorce;

(8)               Duration of the marriage

(9)               Ability to pay alimony; and

(10)              Their actual incomes;

Other South Carolina case law added the following additional factors for consideration:

(11)               Special circumstances that might justify some other form of alimony;

(12)                 Tax consequences;

(13)                 The Equitable distribution award.

Alimony or spousal support must be requested in the pleadings when a complaint for Divorce and/or Separate Support and Maintenance is filed with the court. Do not enter into a binding agreement without knowing your legal rights. If you are going through a divorce or considering a divorce or separation, consult with an attorney to learn your rights as it relates to alimony and spousal support.

[1] Id. Lide v. Lide, 277 S.C. 155, 283 S.E.2d 832 (1981).

2017 Best of the Upstate

Wow! We are so grateful to our community to have been nominated in TWO categories for 2017 Best of the Upstate. We would be so honored to have your vote for Best Family Lawyer and Best Law Firm.

Voting is open now until June 25, 2017. Thank you Greenville for such an awesome salute to our law firm!

http://greenvilleonline.secondstreetapp.com/l/Best-of-the-Upstate-2017/Ballot/Services

The Financial Strain of Divorce

I recently came across an article in the New York Post titled “How to Handle the Financial Pitfalls of Divorce”. Naturally, I was intrigued as this is one of the main areas of concern for anyone going through a divorce or thinking about separating from their spouse. As the article summarizes, it is nearly impossible to go through a divorce without financial frustration. Dividing assets is a cumbersome and often lengthy process. One way to potentially ease the pain of the process is by becoming familiar with both your and your spouse’s assets and debts and gathering as much information regarding the assets and debts as you can. Once parties separate, gathering information is one of the biggest and most expensive parts of the divorce process. Beginning the separation or divorce process with as much knowledge of your assets and debts is one way to handle the financial frustration that often accompanies divorce.