Episode Summary: In this episode of Off the Record, family law and estate planning attorney Rhett Burney demystifies one of the most misunderstood areas of divorce law: alimony. With over 30 years of experience serving clients across South Carolina, Rhett explains what alimony is meant to achieve, the factors judges weigh in determining awards, and why outcomes can differ so widely depending on the case — and the judge. He also covers the different types of alimony, circumstances that can modify or terminate payments, and why adultery is a complete bar to receiving alimony in South Carolina. Whether you’re preparing for divorce, supporting a client, or simply curious about how alimony works, this episode provides a practical guide to navigating this complex subject.
Key Timestamps: 00:01 – Show introduction 02:00 – What alimony is and what it’s designed to do 04:20 – Key factors courts consider (income, marriage length, assets, judge discretion) 07:40 – How child support interacts with alimony 09:15 – Why some judges are “pro” or “anti” alimony 11:05 – Different types of alimony: permanent, rehabilitative, and lump sum 13:30 – Circumstances that end or reduce alimony (death, remarriage, cohabitation, change in income) 16:45 – Adultery as a complete bar to alimony in South Carolina 19:00 – How alimony is calculated (no single formula, judge discretion) 22:10 – Negotiating alimony outside of court and judge approval 25:15 – Appealing an alimony decision 27:40 – When and how alimony can be modified or terminated 31:00 – The role of private investigators in proving cohabitation or adultery 34:15 – Practical advice: what to prepare before consulting an attorney about alimony
About the Show: Off the Record with Rhett Burney is a podcast where attorney Rhett Burney shares his decades of experience in family law and estate planning to help listeners navigate life’s toughest legal challenges. From divorce and custody to wills and elder law, Rhett offers practical insights with a touch of humor and a focus on real-world solutions.
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