South Carolina Divorce Property Division

What the Law Says

South Carolina courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

South Carolina apportions marital property under S.C. Code §20-3-620(B), which directs the court to “give weight in such proportion as it finds appropriate” to fifteen enumerated factors — the statute contains no presumption of equal division. The factors include the duration of the marriage with the parties' ages at marriage and at divorce; marital misconduct or fault (whether or not it grounds the divorce, subject to a cutoff after a pendente lite order or signed settlement); the value of the marital property and each spouse's contribution, including homemaking; each spouse's income and earning potential; physical and emotional health; the need for additional training or education; nonmarital property; vested retirement benefits; alimony awards; the custodial spouse's desirability of the family home; tax consequences; existing liens and encumbrances; child custody arrangements; support obligations; and other relevant factors. Marital property is identified as of the date of filing (§20-3-630).

Division Factors (S.C. Code Ann. §20-3-620)

What South Carolina courts weigh:

1. Duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce (S.C. Code §20-3-620(B)(1))
2. Marital misconduct or fault of either or both parties, whether or not used as a basis for the divorce, if it affected the parties' economic circumstances or contributed to the breakup — subject to the statutory cutoff at the earliest of a pendente lite order, a signed settlement agreement, or a permanent separate-maintenance order (§20-3-620(B)(2))
3. Value of the marital property and the contribution of each spouse to its acquisition, preservation, depreciation, or appreciation, including the quality of the contribution as homemaker (§20-3-620(B)(3))
4. Income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets (§20-3-620(B)(4))
5. Health, both physical and emotional, of each spouse (§20-3-620(B)(5))
6. Need of each spouse or either spouse for additional training or education in order to achieve that spouse's income potential (§20-3-620(B)(6))
7. Nonmarital properties of each spouse (§20-3-620(B)(7))
8. Existence or nonexistence of vested retirement benefits for each or either spouse (§20-3-620(B)(8))
9. Whether separate maintenance or alimony has been awarded (§20-3-620(B)(9))
10. Desirability of awarding the family home as part of equitable distribution, or the right to live therein for reasonable periods, to the spouse having custody of any children (§20-3-620(B)(10))
11. Tax consequences to each or either party as a result of equitable apportionment (§20-3-620(B)(11))
12. Existence and extent of any prior support obligations (§20-3-620(B)(12))
13. Liens and any other encumbrances upon the marital property and any other existing debts (§20-3-620(B)(13))
14. Child custody arrangements and obligations at the time of the entry of the order (§20-3-620(B)(14))
15. Such other relevant factors as the trial court shall expressly enumerate in its order (§20-3-620(B)(15))

Common Questions