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  • Separate maintenance and support is pre-divorce support payments made by one spouse to the other.
  • Alimony is post-divorce support payments made by one former spouse to the other. There are five types of alimony: periodic, lump sum, rehabilitative, reimbursement, and other.
  • While either party may be eligible for alimony or separate maintenance and support, if one spouse can prove that the other spouse has committed adultery, the recipient spouse can be barred from receiving any support.
  • In South Carolina, the Courts consider these factors when awarding alimony: the duration of the marriage together with the ages of the parties at the time of marriage and at the time of divorce; the physical and emotional condition of each spouse; the educational background of each spouse, including the need for additional training to reach income potential; employment history and earning potential of each spouse; custody of children; standard of living established during the marriage; tax consequences; the existence of a support obligation from a prior marriage; current and reasonably anticipated expenses of each spouse; marital misconduct or fault of either party; and any other factors that the court wishes to consider.