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This is a separation divorce question. I live in Sc and was…

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This is a separation divorce question. I live in Sc and was married for 21 years. I am disabled now but worked the first 16 years of the marriage. As soon as I can't work and had to fight for my disability, my husband did not vlike being the sole provider. He worked off and on the five years I could not.. We were in another bankruptcy, so all he had to pay was utilities and food. He could not handle that! He is a narcissist, alcoholic, an emotional and verbal abuser, porn aditic. He had a physical affair with an ex friend of mine in 2014 and most recently prior to me being able to leave he was signing up for single sites, talking to women on hook up sites trying to set one up. Yet, I'm forced to wait a year to file for divorce? He should be forced to have to give me alamony every month since I am disabled and will never work again and he's and able bodied man.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in SC family court?

Wow did you even read what I wrote? Lol

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Lawyer's Assistant: Yes, I'm a bot. I make the process of talking to the lawyer more efficient and affordable by asking basic questions. Anything else you want the lawyer to know before I connect you?

How much is this going to cost

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Family Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Oh OK. Will I be texting or talking

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Answered in 13 hours by:
3/22/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 79
Experience: Attorney
Verified

Hello I would be happy to help you with your question. Please allow me a few moments to review your question so I can provide you the best response.

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I'll explain some major points about alimony and how the court makes it's determination about when, and how to award it. Alimony is an amount that is paid from one spouse to another for the support and or maintenance of that spouse. Either party can be ordered to pay alimony. The court considers several factors when considering an alimony order. They are:

  • The length of the marriage
  • The age of the parties
  • The education of the parties
  • Their standard of living
  • Their earnings (employment)
  • Their physical and mental condition
  • Fault (who contributed to the marriage breakdown)

Alimony can be awarded in a couple of ways. There is periodic alimony that can be paid for a period of time from a few months, to a few years, to longer. Lump sum alimony is a one time payment from one spouse to the other. Once the amount is determined, the court also has to consider how long the payments will last. As stated above, periodic alimony can be for any length of time, where lump sum alimony ends after the one time payment is made.

Generally the purpose of alimony is not designed to punish one party, or reward another. It's overall purpose is to support, rehabilitate, or reimburse a spouse. There's no set calculation or guarantee of alimony, but in your situation where it is a long marriage, and the recipient spouse is disabled, that is likely to be a case where there would be an alimony award. Please understand that any award would be based on your husband's current income and assets at the time of the divorce. It's usually anywhere from 30-50% of his income as long as it leaves him with enough to meet his basic needs. A life time award may or may not be ordered. The court will determine based on your facts whether you have any possibility of earning income through employment, what that amount would be, and how long it would take you to reach that level.

If you to are able to come up with an agreed upon amount that is fine and the court is likely to accept it and order it during your divorce if the court finds it fair and equitable, but if you can't come to an agreement then the issue of alimony will be decided by a judge based on the factors explained above.

You are concerned with waiting while the divorce is pending. Once you file for divorce, you can also ask the court to award temporary alimony that will be paid while the divorce is pending.

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so costs you nothing extra. Experts are independent contractors and customer ratings are the only way we are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.

N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 79
Experience: Attorney
Verified
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Customer reply replied 1 month ago
Well no, it did not fully answer all my questions. If, i am understanding the law in SC, I can't even file for divorce until we have been separated for 1 year, but we dont have legal separation here so how do they know that for sure when that year is? I just think it they need to stay out of it. I'm not going to change my mind. I may not have been physically abused, but I was emotionally and verbally. Made to feel like a burden because of my many health issues that lead to me being disabled. He kept me as a shut in by not having a car for over 2 years. The only time I got out of the house was to go to the Dr. Or take my dog potty in the back yard. I want a divorce now! I want to be able to change my last name and not be stuck with his name for another year.
Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 114
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N.Brown ESQ
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Category: Family Law
Satisfied Customers: 79
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