When facing divorce or separation in South Carolina, understanding how your assets will be divided is crucial. South Carolina law requires equitable distribution of marital property—a process that aims to divide assets and debts fairly, though not always equally. The claim for property and debt division in South Carolina is called equitable apportionment.
Understanding Marital Property in South Carolina
What qualifies as marital property? Under South Carolina law, marital property includes virtually all assets and debts accumulated from your wedding date until the filing of a divorce action.
Common Questions about Property Division in South Carolina
Does it matter whose name is on the title or deed?
No, title doesn’t determine ownership. A 401(k) in your name alone can still be marital property. Credit cards held solely by your spouse may be considered marital debt. The classification depends on when assets were acquired, not whose name appears on the account.
How will the court divide our property?
“Equitable” doesn’t always mean “equal.” South Carolina family courts consider multiple factors when determining fair property division such as:
- length of the marriage
- child custody arrangements and each parent’s financial circumstances
- non-marital property owned by each spouse
- alimony payments being awarded or received
- each spouse’s contributions to the marriage (financial and non-financial)
- marital misconduct (ex: adultery, domestic violence), if applicable
- future earning potential and employment circumstances
Will I get more if my spouse had an affair?
It is possible. Marital misconduct is one factor the court considers. Ultimately, the exact division of assets will depend on all of the factors and evidence presented to the judge.
Will I keep property I owned before marriage?
Short answer, yes. The court will only divide marital assets. Non-marital assets are considered separate assets and cannot be divided. Property and debt acquired prior to the marriage, inheritances, and property set out in a prenuptial agreement are all examples of separate property.
Can a property settlement be changed after divorce?
No, property division orders are final. Once the court divides your marital assets and debts, those decisions are permanent and cannot be modified later—even if your financial circumstances change dramatically. If you discover your spouse hid assets, lied under oath, or withheld evidence during your divorce, you may be able to ask the court to set aside the original order. You’ll need strong proof that fraud or concealment occurred and materially impacted the division.
Your only other option is filing an appeal to ask the court to reconsider their ruling.
What happens if I own a business?
Your business could be subject to division by the court if it is found to be marital property. It is likely that your business will need to be valued by a professional.
Will I have to sell my house in a divorce?
Judges generally prefer to award the marital home to one spouse rather than ordering a forced sale. Whether you will be awarded the home depends on several critical factors, including, but not limited to:
- the home’s current market value
- any outstanding mortgage balance
- the custodial parent’s need for housing stability
- your ability to refinance the mortgage in your own name
During temporary hearings, courts are particularly reluctant to compel the sale of the marital residence, recognizing the disruption this would cause to the family—especially when minor children are involved.
Final Thoughts
Navigating property division during a divorce or separation is one of the most complex and emotionally challenging aspects of ending a marriage. Whether you’re dealing with marital assets, real estate, retirement accounts, or business interests, the decisions you make today will impact your financial security for years to come.
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