In divorce cases, the division of marital property is almost always contested. Even in cases where the parties desire to reach an agreement, disputes arise on the manner to accomplish the agreement. Unless the parties are able to agree on a fair division of marital assets and debts, the decision will be made by the Court.
There are a large number of factors that must be considered in determining how to divide property. The first issue is determining what constitutes marital property and debt, as not everything is subject to division. Sometimes, property may have been non-marital, but due to the actions of the parties, it became marital property, and therefore subject to division.
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Once the marital estate has been determined, the Court must then equitably divide the property. Significantly, the Court tries to find a way to “fairly” divide property, but that does not necessarily mean an “equal” division. By statute, the Court has a list of factors that must be considered, some of which include:
- Duration of the marriage
- Health of the parties
- Education and earning ability of the parties
- Misconduct by either of the parties
- Contributions made by the parties to acquiring and preserving property
- Special needs of the parties
- Marital and non-marital property and debts of either or both parties
- Other factors the court finds relevant
If you are facing matters in Family Court, you need the assistance of a family law attorney who is experienced in handling these issues. We have been representing clients in Family Court for decades. Our combined experience can help you obtain a fair resolution and bring closure to a very difficult time in your life.
What is Divorce Law?
Divorce, or
marital dissolution, is the legal process that ends a marriage. A key aspect of this process is the
equitable division of marital assets and debts. While some states follow a community property model requiring a 50/50 split, South Carolina is an
equitable distribution state. This means the court will divide marital assets fairly, but not necessarily equally. The law considers a variety of factors to determine an equitable division, including the duration of the marriage, each spouse's financial contributions, non-monetary contributions (such as housework or childcare), and the financial circumstances of the parties. The court must first distinguish between
marital property (property acquired during the marriage) and
separate property (property acquired before the marriage or through gift or inheritance).
Alimony is a related financial matter, determined based on factors such as the duration of the marriage, the spouses' incomes, and their respective needs. The entire process of divorce and equitable division is governed by state-specific statutes and case law.
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Academic Resource: The South Carolina Code provides the statutory basis for equitable division and alimony. Law firm resources, such as this one, provide clear, scholarly summaries of these laws. South Carolina Divorce: Dividing Property
Deciding to end a marriage is never easy, and the legal process can be complex and overwhelming. The divorce attorneys at Burts Turner & Rhodes in Spartanburg will provide compassionate and strategic legal guidance to help you through this difficult time. We understand that every divorce case is unique and tailor solutions to your individual needs and goals. Our firm has
extensive experience in all aspects of law, including the equitable division of marital assets and debts, alimony, and child-related matters.
