South Carolina Criminal Lawyer Blog

In Ryan v. Ryan, the South Carolina Court of Appeals reversed a divorce case in which the family court failed to consider the husband's misconduct that contributed to the break up of the marriage. Both parties testified in court that the husband's misconduct led to the couples divorce. The husband specifically stated that he and his wife separated because their son had him arrested for assault and battery. The appellant wife had pursued restraining orders against her husband due to his abusive actions towards their son.

The South Carolina appellate court held that the family court should have taken into account the husband's fault when apportioning the marital property and when determining alimony, even though the husband's misconduct was not used as the basis for the separation or subsequent divorce proceeding.

Pursuant to South Carolina Divorce Law, evidence of fault should be considered by the family court judge when deciding issues relating to equitable apportionment and alimony. When addressing the issue of alimony, the court considers the need of the party asking for alimony as well as the other party's ability to pay.

South Carolina Family Courts also consider the age of the parties, the duration of the marriage, the educational background of the parties, employment history, potential income, the standard of living established during the marriage, current assets and expenses, child custody and support payments and finally, any other factor the court deems relevant.

There are different types of alimony available in divorce cases, so it is important to discuss these options with a family law attorney in South Carolina. These options include permanent and periodic alimony, lump sum alimony, temporary alimony and rehabilitative alimony.