Before we outline how you can modify your alimony payments, it is essential to note that South Carolina has several different types of alimony. For example, periodic alimony gets paid at regular intervals (e.g., one each month). It terminates when the other spouse remarries, cohabitates with a new partner for an extended period, or dies. Lump-sum alimony is paid at once or over regular intervals over a relatively short time. The court selects which type to award based on the specific circumstances connected to the divorce.
One of the most common forms of alimony that people pay or receive is periodic alimony. Not only can these payments potentially last a lifetime, but they are also subject to modification. Although we mentioned how these payments could end, they can also be adjusted based on a substantial change in circumstances. Depending on your situation, the court may either stop alimony, increase it, or decrease it.
What Constitutes a Substantial Change in Circumstances?
We intend to explain it here, but everything we discuss is derived from South Carolina Code Section 20-3-170(A). For something to be considered a change in circumstances, it must not have been seen or anticipated when the court initially awarded the alimony to your former spouse.
There are several ways in which the change could be defined as “substantial.” The amount you pay or receive depends on many factors, but income is a significant one. Losing a job, getting promoted/demoted, or having a business fail are everyday life events. Do they guarantee that a judge will modify your periodic alimony payment? No, but they are enough to warrant a conversation with a family law attorney who understands post-judgment modifications.
People who pay alimony and develop health issues can request for their payments to be modified if the health issue affects their ability to earn an income. Typically, substantial changes in circumstances get tied back to income. For example, another area that gets overlooked is when you or your spouse receive an inheritance. If your spouse receives money from an inheritance as income, a judge could terminate or reduce the amount of alimony they receive.
Speak To an Attorney Who Has Experience With Post-Judgment Modifications
Our skilled attorneys have vast experience in providing divorce-related services such as alimony, division of property, and high-net-worth divorces. We can assist you with alimony by evaluating factors such as income, expenses, marital misconduct, and standard of living. Contact Cate & Brough and schedule a consultation for professional legal counseling regarding family law or post-judgment modifications.
Cate & Brough, P.A.
