Rudick v. Rudick
Annotate this CasePetitioner Alicia Rudick (Wife) raised a single issue before the South Carolina Supreme Court: whether a former spouse who was both the primary wage earner and caretaker could be a "supported spouse" under South Carolina's statutory scheme governing alimony. The family court awarded Respondent Brian Rudick periodic alimony of $3,000 a month, and the court of appeals affirmed, reducing it by $300 monthly based on a mathematical miscalculation. Wife contended Husband was not a "supported spouse" and therefore did not meet the legal requirement to receive alimony or in the alternative, that the alimony award should have been reduced. Specifically, Wife argued that because Husband did not depress his income by seeking employment which would allow him more time to care for the children, he was not a supported spouse. Additionally, Wife argued the family court overemphasized the statutory factor addressing the parties' standard of living during the marriage. Conversely, Husband argued the court of appeals properly affirmed the family court's decision to award alimony, that Wife's argument elevates the term "supported spouse" to a contrived meaning not contemplated by the General Assembly, and that the term is descriptive only, and simply designates the person who receives alimony. Further, Husband argues the family court properly considered the parties' standard of living as one factor in awarding alimony. The Supreme Court agreed with Husband and affirmed the court of appeals.
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