Question:
Once temporary alimony payments have been established, can my ex come back at any point to extend the payments?
Also, can you agree to provide support but not formally call it maintenance? Does it make a difference?
Answer:
In South Carolina, there are four types of alimony: (1) Permanent Periodic Alimony, (2) Lump Sum Alimony, (3) Reimbursement Alimony and (4) Rehabilitative Alimony.
Permanent periodic alimony is typically an amount awarded to a supported spouse where the spouse receives, for example monthly payments. This type of alimony is only terminated if one of the parties dies, the support spouse remarries or the support spouse cohabits with someone else for 90 days or more.
Lump sum alimony is a fixed amount of alimony that can be paid in full or in payments. This amount cannot be modified at a later date unless the supported spouse dies.
Reimbursement alimony is usually awarded if the supported spouse invested money in the payor spouse’s future (such as a business venture or education).
Rehabilitative alimony can be awarded in circumstances where the supported spouse may need some financial assistance to “get back on his or her feet” (i.e. needs further education or has been out of the workforce for some time). Rehabilitative alimony is typically awarded in a fixed amount or for a fixed period of time.
In your case, it looks like you may have been paying “lump Sum” or “rehabilitative” alimony. If it is lump sum alimony, then the alimony is terminated once that amount is paid in full and the supported spouse cannot go back to ask for more alimony.
If it is rehabilitative alimony, the alimony obligation should terminate after the set period of time (if a period of time was set) or if the supported spouse remarries, either party dies or the supported spouse cohabitats with someone else.
You can always pay money to “help out” without the direction of the court. However, if you agree to be obligated to pay a certain amount and it is a provision in a court order, you could be held in contempt for failing to make that payment.
It is usually not a good idea to agree to a financial obligation in a court order (unless it is part of other negotiations specific to your case). The way payments are classified may also have certain tax consequences/benefits.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including South Carolina divorce lawyer Kathryn Martin, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”