Legal Question in Family Law in South Carolina

alimony

my husband and i are filing for legal separation. he will pay child support, but refuses to pay alimony. my question: if i agree to no alimony for separation, can i still get it at time of divorce or am i legally bound by the separation? i don't work and stay at home with my children.


Asked on 10/17/08, 6:13 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: alimony

The issue of alimony will typically only be addressed once during the separation/divorce process. If you agree to "no" alimony in the separation, then you probably will waive it forever.

There are certain limited situations where the Court will hold an issue like that in abeyance for a later hearing, but those situations are rare. Further, if you manage to get by without alimony during the separation period, then it significantly weakens your chances of getting it later in a divorce.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/19/08, 9:52 pm


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