Category Archives: marital property

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 … Continue reading

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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’ earning abilities and the interests of justice make it necessary. The court will decide alimony necessity … Continue reading

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Divorce, Social Security, and Military Retirement

Divorce, Social Security, and Military Retirement January 25, 2010 • J.J. Montanaro Q: I am a retiree with 23 years [mil­i­tary] ser­vice. After I retired I went through a divorce. I was mar­ried 20 years. My ex-wife gets 35 per­cent … Continue reading

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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 … Continue reading

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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’t be any other award for alimony or maintenance. … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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