Greenville Alimony Lawyer

Alimony can affect your income, housing, and financial plans long after a divorce ends. Whether support is awarded, how much is paid, and how long it continues depend on the circumstances of the marriage and each spouse's financial situation. A Greenville alimony lawyer can help you understand what may affect a support claim and how it fits into the larger financial picture.



At Mooneyham Berry, our attorneys bring more than 40 years of combined experience to litigation and family law matters. We evaluate alimony alongside property division and other financial issues that may affect life after divorce. Whether you are seeking support or may be required to pay it, we work to protect your financial interests throughout the case.

If alimony is an issue in your divorce, contact Mooneyham Berry and tell us about your situation.

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What South Carolina Courts Consider When Awarding Alimony

Alimony is not automatic in South Carolina, and there is no set formula that determines the amount. Under S.C. Code § 20-3-130, the Family Court considers multiple factors and gives each the weight it finds appropriate based on the circumstances.


Those factors include:


  • The length of the marriage and each spouse's age.
  • Each spouse's physical and emotional condition.
  • Education and the need for additional training.
  • Employment history and earning potential.
  • The standard of living established during the marriage.
  • Current and reasonably anticipated income, expenses, and financial needs.
  • Marital and nonmarital property, including property divided in the divorce.
  • Custody of the children and its effect on a spouse's ability to work.
  • Marital misconduct or fault when relevant under the statute.
  • Tax consequences associated with the form of support.
  • Existing support obligations.
  • Other circumstances the court considers relevant.


No single factor determines whether alimony will be awarded or what an award will look like. Alimony is also available to either spouse; South Carolina law does not limit support based on gender.


Property division can be particularly important because the assets a spouse receives may affect the financial circumstances considered in an alimony claim. In a high-asset divorce, business interests, investments, real estate, and other significant property can make that analysis more complex.


Mooneyham Berry evaluates the financial circumstances on both sides of an alimony dispute. We consider income, expenses, earning capacity, property division, and the other facts that may affect support when advocating for our client's interests.

Types of Alimony Available in South Carolina

South Carolina law allows several forms of alimony. The type awarded can affect how long support continues and whether the amount can later be modified.


  • Periodic alimony: Ongoing support that may be modified when circumstances change. It generally ends upon remarriage or continued cohabitation of the supported spouse, or the death of either spouse.
  • Lump-sum alimony: A fixed total paid at once or in installments. It generally cannot be modified based on remarriage or changed circumstances.
  • Rehabilitative alimony: Support intended to help a spouse become self-supporting, such as while completing education or job training. It may end upon specified events and can be modified under certain circumstances.
  • Reimbursement alimony: A finite award based on circumstances or events during the marriage. It generally cannot be modified for changed circumstances, but may terminate upon remarriage, continued cohabitation, or death.
  • Separate maintenance and support: Support available when spouses live separately without divorcing. It may be modified as circumstances change and terminates upon certain events, including divorce.


The court may also award more than one form of support when appropriate. Because each form can carry different long-term consequences, the type of alimony can matter as much as the amount.



Mooneyham Berry evaluates proposed support in the context of the client's broader financial situation. We consider the form, duration, potential for future modification, and how the award fits with other financial issues in the divorce.

Get Help In Your Alimony Case

Our lawyers at Mooneyham Berry have the experience to advocate for you. Reach out today.

How Adultery Can Affect Alimony in South Carolina

Adultery can have a significant effect on an alimony claim. South Carolina law bars alimony to a spouse who commits adultery before the earlier of two events: signing a written property or marital settlement agreement or entry of certain permanent orders.



Marital misconduct can also be considered as an alimony factor when it affects the parties' finances or contributes to the breakup of the marriage. Timing matters because the statute limits which conduct the court may consider.


Allegations of adultery or other marital misconduct require evidence. Mooneyham Berry evaluates whether fault is legally relevant, what evidence supports the claim, and how it may affect the broader financial issues in the divorce.

When Remarriage or Cohabitation Affects Alimony

Remarriage or continued cohabitation can end certain forms of alimony. For periodic alimony, support generally terminates when the supported spouse remarries or continuously cohabitates with another person in a romantic relationship.



South Carolina generally defines continued cohabitation as living together in a romantic relationship for at least 90 consecutive days. A court may also consider shorter periods when there is evidence the couple periodically separates to avoid that requirement.


Mooneyham Berry represents clients when remarriage, cohabitation, or another change raises questions about an existing support obligation. We review the original award and the circumstances before determining what action may be appropriate.

When Alimony Can Be Modified


Periodic alimony may be increased, decreased, or terminated when circumstances or the paying spouse's financial ability have changed. The court considers the circumstances since the existing order and whether modification is warranted.


Changes that may become relevant include:


  • A significant change in either spouse's income or financial needs.
  • Changes in child custody or child support that affect either spouse's finances.
  • Retirement of the paying spouse.


Retirement receives specific consideration under South Carolina law, including whether it was contemplated when alimony was awarded and whether it is reasonable under the circumstances.


Not every form of alimony can be modified. Mooneyham Berry reviews the existing order, what has changed since it was entered, and the financial evidence supporting or opposing a modification. Our family law practice also includes enforcement of existing Family Court orders.

Financial Considerations in an Alimony Award


Federal tax treatment depends partly on when the divorce or separation instrument was executed. Under current federal rules, alimony paid under an instrument executed after 2018 is generally not deductible by the payer or taxable to the recipient. Different rules may apply to older instruments and certain later modifications.



The terms of an award can also address how support is paid and whether security is required. South Carolina courts may require security for alimony payments under appropriate circumstances.

Mooneyham Berry considers these financial terms alongside the amount and duration of support when evaluating a proposed alimony arrangement.

How Mooneyham Berry Handles Alimony Cases

Alimony disputes require a clear picture of both spouses' finances and the issues that may affect support. Mooneyham Berry begins by understanding your priorities and reviewing the financial circumstances surrounding the claim.


Depending on the case, our attorneys may:


  1. Review income, expenses, assets, existing agreements, and court orders.
  2. Identify the financial and legal issues affecting the alimony claim.
  3. Use financial discovery when additional information is needed.
  4. Evaluate opportunities for negotiation or mediation.
  5. Advocate for you in Family Court when disputes remain.


Temporary support may also become an issue while a divorce is pending. The court can address temporary alimony and, in appropriate cases, contributions toward attorney fees and other litigation costs.


Experience With Complex Financial Divorce Issues


Kim Berry leads Mooneyham Berry's family law practice and brings extensive South Carolina Family Court experience. Her work includes complex business dissolutions arising from divorce, giving the firm experience with financial issues that can extend beyond a straightforward income comparison.


That experience can be particularly useful when alimony involves business income, significant assets, disputed earning capacity, or property division. Mooneyham Berry evaluates these issues together rather than treating the support claim in isolation.


Focused on the Financial Issues That Matter


Some alimony disputes can be resolved through negotiation or mediation. Others require financial discovery, expert input, or a Family Court hearing. Mooneyham Berry identifies the issues that actually need to be resolved and prepares the case accordingly.


Our attorneys bring more than 40 years of combined experience to litigation and family law matters. We keep clients informed as financial issues develop, explain the available options, and advocate for their interests throughout the case.

Protecting Your Financial Interests in an Alimony Case

Alimony can affect your financial stability during a divorce and for years afterward. Whether you are seeking support, facing a request for alimony, or questioning an existing obligation, you deserve to understand what is at stake.


At Mooneyham Berry, we help clients evaluate alimony alongside the other financial issues affecting their future. We work to protect your interests, explain the options available under South Carolina law, and advocate for a support arrangement that reflects the circumstances of your case.


Our office is located at 1225 S Church Street in Greenville. If alimony is part of your divorce or an existing Family Court order, contact Mooneyham Berry to discuss your situation with a Greenville alimony lawyer.

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