Alimony is a very common form of spousal support awarded after a divorce. The concept behind it is quite simple: the money allows for both former spouses to maintain the lifestyle, and quality of life, they had during the marriage. Either spouse may have to make payments. Usually the paying party is the one who acted as the primary financial provider. One of the largest falsities about alimony is that it’s a paycheck for the receiving party. In truth, they are only receiving it because they cannot provide for themselves.
Spousal Support: Understanding Alimony & Exceptions
Does alimony last forever?
In short, there is no straight answer. In many cases, alimony has a time limit or condition applied to it. For permanent alimony, there are certain factors that make the constant payments necessary. On the other hand, in short term alimony, there is an understanding that the recipient will eventually be able to maintain quality of life on their own. In that instance, payments will stop.
Is there any chance of termination of permanent alimony?
Permanent alimony can be altered if there is a financial change on either end. Furthermore, permanent alimony can terminate on two separate grounds: one party passes away, or the receiving party lives with a partner for 90 days— or remarries.
Are there exceptions?
One might assume that if there are ‘at-fault’ behaviors in the receiving party before divorce that they will not receive alimony. However, in South Carolina, at-fault behaviors do not actually bar alimony. This is not to say that those behaviors won’t influence the court and it’s decision. But South Carolina court will not allow for these behaviors to eliminate the option. In fact, the only instance where the court can reject alimony, is if one spouse cheats. If you commit adultery, you will not receive benefits.
Is there a catch when it comes to receiving and paying alimony?
Surprisingly, there are tax consequences when it comes to receiving and paying spousal support. For the paying party, you can take a deduction for alimony payments. However, for the receiving party, you must claim the money as income. This means that the recipient must include alimony as part of income tax on their taxes.
