South Carolina Property Distribution Laws
South Carolina Property Distribution Issues & Resources
South Carolina Property Distribution
Each spouse is entitled to keep his or her separate property. Separate property is all property which was acquired prior to the marriage; acquired by gift or inheritance; acquired in exchange for non-marital property; or was acquired due to an increase in the value of any non-marital property.
All other property will be equitably divided based upon the following factors:
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the duration of the marriage;
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the age of the spouses;
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any marital misconduct;
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any economic misconduct;
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the value of the marital property;
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the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;
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the income of each spouse;
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the earning potential of each spouse and the opportunity for the future acquisition of capital assets;
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the physical and emotional health of each spouse;
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the needs of each spouse for additional training or education in order to achieve their earning potential;
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the non-marital property of each spouse;
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any retirement benefits;
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whether alimony has been awarded;
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the desirability of awarding the family home to the spouse having custody of any children;
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the tax consequences; any other support obligations of either spouse;
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any marital debts of the spouses;
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any child custody arrangements; and
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any other relevant factors.
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