Property Division in South Carolina Divorce

South Carolina is an "equitable distribution" state

South Carolina strives for an equitable distribution of property in divorce.  This means that assets and debts acquired during your marriage, which are called marital property, are to be divided equitably between the parties upon divorce.  Marital property consists of all jointly owned property and all other property, other than separate property, acquired by either spouse during the marriage and up to the time you separate.

In South Carolina, each spouse is entitled to keep his or her separate property including property that was acquired in the following ways:

  • Prior to marriage
  • By gift or inheritance
  • In exchange for non-marital property
  • Due to an increase in the value of any non-marital property

There are many issues to be considered with regard to the division of marital property, such as the following:

  • The duration of the marriage
  • The ages of each spouse at the time of the marriage and at the time of the divorce
  • Any marital misconduct
  • The value of marital property
  • The income and earning potential of each spouse
  • The physical and emotional health of each spouse
  • The needs of each spouse for additional training
  • The non-marital property of each spouse
  • The value of vested retirement benefits
  • Whether alimony has been awarded
  • The desirability of awarding a family home to the custodial spouse
  • The tax consequences of equitable distribution
  • The existence of support obligations from a prior marriage
  • Whether there are liens or other encumbrances upon marital property
  • Child custody arrangements and obligations

It is important to note that an equitable distribution is not necessarily an equal distribution.  The court must consider all factors in equitable distribution.  The lawyers of The Bleecker Law Firm are skilled at advising clients how to best preserve and distribute marital property.

Contact The Bleecker Law Firm, LLC today to discuss your South Carolina family law, divorce, mediation, and related probate litigation questions. We practice in all South Carolina family courts.