Alimony is another possible byproduct of divorce, and one of the most hotly contested issues to be resolved in any family courtroom. Whether you are asking for alimony or fighting against it, the alimony attorneys at McCoy & Stokes, LLC will work diligently on your behalf to gain a satisfactory result in your divorce settlement.
Typically couples who have been married for less than ten years or make relatively equal salaries are not candidates for alimony, though there have been exceptions in the past. In the case of younger couples, courts typically attempt to “unwind” the marriage to create a financial situation similar to when the couple first married. Despite the length of your marriage—however long or short—it is important to ensure that you are fairy treated during the divorce process.
Alimony must be requested by one of the spouses and the court then decides if and how alimony will be awarded, how much will be awarded and for how long. This decision is not made with a mere glance, but rather is subjectively determined by a judge based on a number of factors, all of which can be argued in family court. For this reason, it is essential to have professional legal guidance during the divorce process.
Some factors that typically influence alimony include:
- Duration of the marriage
- Physical and emotional health of the parties
- Educational background of the parties
- Employment history and earning potential of the parties
- Standard of living established during the marriage
- Current and reasonably anticipated earnings of the parties
- Current and reasonably anticipated expenses of the parties
- Marital and non-marital properties of the parties
- Custody of children
- Marital misconduct or fault
- Tax consequences
- Prior support obligations
Please contact McCoy & Stokes, LLC at (843) 628-2855 to schedule your consultation with Charleston SC family attorneys.