Legal Question in Family Law in South Carolina
Alimony Reduction
I am a retired chief in the Navy after 21 years of service. I was divorced a little over 2 years later. My alimony was agreed upon to be 1600.00 a month, but my retirement was mine, and not divided up by the court. It has been 5 years since the divorce, and I want to seek a reduction of half the alimony. My question is, if my retirement is classified as marital property, and thru the inital divorce it was determined to mine in full. If I take her back for a reduction in alimony will the court see my retirement as income to be included in the case. If so please explain why. also if by going back for a alimony reduction, could she get part of my retirement for ever.
1 Answer from Attorneys
Re: Alimony Reduction
Without looking at the specific langauge of your Divorce Decree, it is difficult to answer your question. If the Order said that you receive your retirement benefits, then that issue has been finally determined and she cannot now go back and try to get part of it.
With regard to the alimony reduction, the Court will look at all the appropriate factors, which will include your income at present (which may include your retirement funds).
Alimony reduction cases are difficult, 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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