Marital Property Division in South Carolina  

Marital Property Division in South Carolina  

In South Carolina divorce and separation cases, the Court equitably divides “marital property”—the assets and debts you jointly acquired and owned during your marriage.  The process is called equitable distribution or equitable division. While the starting point of equitable distribution is typically a 50-50 split, the law does not require the Court to do that. Equitable means fair, not necessarily equal.  Judges consider several factors in dividing marital property:

  •  How long you were married
  •  The ages of both spouses at the time of the marriage and at the time of divorce
  •  Marital misconduct
  •  Property values (which may require appraisals)
  •  Each spouse’s income and earning potential
  •  The physical and emotional health of each spouse
  •  Any need for training or education to achieve a spouse’s income potential
  •  Non-marital property owned by either spouse
  •  Alimony
  •  Child custody
  •  Tax consequences
  •  Any alimony/support obligations from a prior marriage

There are a million ways that your property may be divided, and often a creative solution is needed. Before you agree to anything with your spouse, call or email me at RHB Law Firm, LLC. I will work with you to ensure you are not missing anything and protect your rights.