Military Divorcees Aim to End Lifetime Alimony Rules

Pressure is growing among advocacy groups to revise a military divorce law that can grant ex-spouses of U.S. warriors up to half of their retirement pay right up to death.

Several states are moving to no longer award lifetime alimony or exempt a portion of their own retirement funds from division. As such military members are objecting to a federal law that allows for what amounts to lifetime alimony that does not stop even if the former spouse remarries or goes on to a more successful career.
The 1982 Uniformed Services Former Spouses Protection Act (USFSPA) provides states with the authority to treat non-disability military retirement pay as property and can divide it by up to 50 percent when married couples separate.

Opponents of the law say they shouldn

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South Carolina Alimony and Spousal Support Laws

Under South Carolina law, the parties to a divorce may seek support payments also called alimony if there is a disparity between the parties

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Divorce, Social Security, and Military Retirement

Divorce, Social Security, and Military Retirement

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The Federal Law that Awards Military Pay

If you are a typical civilian couple who is divorcing, you must primarily be concerned with the laws of the state in which you are divorcing. If you are a military couple, though, you will not only have to contend with your state laws, but you will have to incorporate federal law into your divorce decree. That law, signed on September 8, 1982, is the Uniformed Services Former Spouses’ Protection Act (USFSPA), Public Law 97-252 (10 U.S.C.

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Myths that Have Caused Problems in Military Divorce

Military couples have found themselves in financial trouble and drawn-out negotiations because of their misbeliefs regarding the USFSPA. One misbelief is that the award of retired pay is “it” –meaning, there can

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Alimony in South Carolina-How do Judges Decide?

In South Carolina, alimony is considered a substitute for the support normally incidental to the marital relationship. Spence v. Spence, S.E.2d 683, 684 (1973). “Generally, alimony should place the supported spouse, as nearly as is practical, in the same position he or she enjoyed during the marriage.” Allen v. Allen, 554 S.E.2d 421,(Ct. App. 2001).

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The Basics of Filing for Divorce in South Carolina

If you’ve decided to file for divorce, you may have questions about the process. This article provides a basic overview of how to obtain a “simple divorce” (No Fault divorce) in South Carolina.

If you do not meet all of the following requirements or you have specific questions about your divorce case, you should speak with an experienced family law attorney in your area. A court or judge can’t answer questions about your particular case or legal rights.

 

In South Carolina, you may file for a simple divorce without the help of a lawyer if you meet the following:

 

  • you or your spouse has lived in South Carolina for at least one year prior to filing for your divorce, or you and your spouse both live in South Carolina and have lived there for at least three months before filing for divorce

 

  • you are filing on the ground of one year continuous separation without living together at any point during that year

 

  • you have no martial property or marital debt, or you have reached an agreement on how to divide the marital property and/or debt, and

 

  • you have no children with your spouse and none are expected, or you have minor children together and have reached an agreement about custody, visitation and child support (and the child support agreement meets the minimum requirements set by South Carolina Child Support Guidelines).

 

If you meet all of the above requirements, then you must follow the steps below to fill out the forms for a simple divorce.

 

Preparing Your Forms

 

To begin the process, fill out the following forms:

 

 

All of the forms will have blanks for

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How does SC determine a Spouse’s Income? How does SC Determine Alimony?

In a recent South Carolina case, Burgess v. Burgess, the Court of Appeals case addressed multiple issues, most notably the family court’s award of alimony to the wife based in large measure to the court’s imputing an annual income to the husband of $100,000.

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Is a Spouse’s Business considered Marital Property? What is transmutation?

This issue is discussed in a recent South Carolina Supreme Court case, Pittman v. Pittman. In this case, the South Carolina Supreme Court addressed the issue of whether one spouse’s land surveying business would be considered marital property subject to equitable division.

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Can assignee of mortgage and note recover surplus foreclosure funds?

“The S.C. Supreme Court held that the assignee of a note and mortgage may recover the surplus funds generated by the foreclosure of a prior mortgage even if it was not a lienholder of record at the time of the sale, per Rule 71(c), SCRCP. The court further clarified its decision in Matrix Financial Services Corp. v. Frazer, 394 S.C. 134, 714 S.E.2d 532 (2011), and held that because the mortgage was filed before Matrix, whether it was closed without the services of an attorney would not bar the assignee from receiving the surplus funds.”

BAC v. Kinder, read the full opinion here.

 

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