How Is Property Divided in a South Carolina Divorce?

When couples divorce in South Carolina, the courts will divide property based on the equitable distribution rules. This means that their property will not be divided equally, but fairly. For instance, you get to keep the family home while your spouse receives retirement savings, depending on your specific circumstances during your married life.

At Parker and Bain, you can trust our divorce attorneys in Gaffney, SC, to help you understand what qualifies as marital property, how assets are valued, and how to ensure you receive what you want and deserve in the divorce.

What Exactly is Marital Property and Separate Property?

There’s a clear line between marital and separate property under SC law. Marital property includes assets and debts acquired during your marriage, such as the house you bought together, vehicles, retirement accounts, or even joint credit card balances. Separate property usually means what you owned before getting married, or inheritances and gifts you received individually.

However, these lines can sometimes blur. Let’s say you inherit a 50-acre farm and later use marital funds to renovate the farmhouse. That farm could now be partially marital property. Likewise, if you deposit an inheritance into a joint bank account, it may be more difficult to prove that it should remain separate.

How Can a Judge Decide What is Fair?

When dividing property, judges weigh factors like the length of your marriage, each spouse’s income, their contributions to the household, and who will have custody of the children. They may likewise consider misconduct such as adultery.

Here’s an example. You and your spouse have been married for 18 years and own a home valued at $180,000, a small textile-related business, and $100,000 in retirement savings. You paused your career to raise your kids while your spouse ran the business. The court may award the home to you for stability, while your spouse keeps the company, and retirement savings are split. Essentially, the judge’s focus is not on dividing the marital estate evenly. Instead, it’s about reaching a balance that reflects each spouse’s contributions and future needs.

Issues That Usually Complicate Property Division

Disputes often arise over property valuation. A family business, for instance, is not as simple to divide as a bank account. Questions about whether assets are truly marital or separate can also easily trigger litigation. Debt sparks dispute as well. If your spouse ran up credit card debt, you could argue you should not share the responsibility. Fortunately, judges look closely at whether debts benefited the marriage or only one of the spouses.

Another thorny issue is hidden assets. Courts rely on financial disclosure, but it is not uncommon for one spouse to underreport income, transfer property to friends, or forget about specific accounts. A Gaffney divorce attorney can use discovery tools, such as subpoenas and depositions, to uncover these hidden resources.

Let Our Proactive Divorce Lawyers Protect Your Best Interests

If you are facing divorce, don’t let the property division process leave you unprotected. While judges look for fairness, it must be explained and proven. Our Gaffney divorce attorneys can help you document your contributions, uncover hidden assets, and secure an outcome that reflects your sacrifices and future needs.

Dial 864-252-2650 or complete our online form to arrange your confidential case evaluation at Parker and Bain so we can begin creating a strategy to safeguard your financial future.