The legalization of same-sex marriage in the United States has opened the door for same-sex couples to pursue divorce when necessary. As with any divorce, various issues need to be addressed, and one of them is spousal support. So, the question arises: is it possible to receive spousal support in a same-sex divorce in South Carolina?
Understanding South Carolina Law on Spousal Support
In South Carolina, the awarding of spousal support, also known as alimony, is not based on gender. Either party in a divorce can be granted spousal support if they can demonstrate a financial dependency on their spouse. When one spouse can prove this dependency, a judge may determine that providing spousal support is necessary to sustain their well-being and maintain their standard of living.
Factors Taken into Account for Awarding Spousal Support
In South Carolina, there are several factors considered by the court when determining spousal support in a divorce. These crucial factors include but are not limited to:
- Length of the marriage: The duration of the marriage plays a significant role in considering spousal support.
- Age and health of both parties: The age and overall health of each spouse are taken into account as it affects their ability to work and be financially independent.
- Earning capacity of both parties: The court examines the earning potential and capacity of each party involved in the divorce.
- Standard of living during the marriage: The lifestyle enjoyed by both parties during the marriage is considered to understand the level of support required to maintain a similar standard of living.
- Supporting spouse’s ability to pay: The financial capability of the supporting spouse to provide spousal support is also examined.
It is important to note that these factors are applicable to all divorces, regardless of whether the couple is same-sex or not. Therefore, if one spouse can demonstrate financial need and meet the aforementioned criteria, they may indeed be eligible for spousal support.
Can Same-sex Couples Obtain Spousal Support if Their Marriage Was Not Recognized Pre-Supreme Court Ruling?
Prior to the landmark Supreme Court decision in Obergefell v. Hodges in 2015, same-sex marriages were not recognized in states, including South Carolina. However, with the legalization of same-sex marriage, same-sex couples now possess the same rights and protections as opposite-sex couples, including the ability to legally divorce and receive spousal support.
Consequently, same-sex couples who were not legally recognized before the Supreme Court ruling can still pursue spousal support during their divorce, provided they were legally married when filing the divorce petition.
Conclusion
In South Carolina, same-sex couples are entitled to the same rights as any other divorced couples in regards to spousal support. The legal criteria governing the determination of spousal support apply equally to both same-sex and opposite-sex couples. Armed with this knowledge, same-sex couples can confidently seek spousal support during the divorce process, as long as they fulfill the legal requirements for obtaining such support.