South Carolina is an equitable distribution state. The court divides marital property fairly based on statutory factors under SC Code § 20-3-620. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
Default Split
SC Code § 20-3-620
Primary Statute
1 year
Min. Residency
South Carolina is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under SC Code § 20-3-620, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: SC Code § 20-3-620
Nonmarital property includes property acquired before marriage, by gift or inheritance, or excluded by valid agreement. Commingling or transmutation can convert nonmarital to marital property.
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Duration of the marriage and ages of the parties
Marital misconduct or fault
Value of marital property and contribution to its acquisition, preservation, depreciation, or appreciation
Income and earning potential of each party
Physical and emotional health of each party
Need of custodial parent for the marital home
Tax consequences
Prior support obligations
Liens and encumbrances on property
Desirability of awarding the family home or right to live in it
Vested retirement benefits
Whether marital misconduct affects economic circumstances
Contributions to career-building of the other spouse
Nonmarital property of each party
Other factors the court considers relevant
Fault (marital misconduct) is a factor in BOTH property division and alimony.
Family Court handles all divorce proceedings.
1-year continuous separation required for no-fault divorce.
Enter your assets, debts, and situation. Get a personalized property division estimate based on South Carolina law.
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South Carolina is a equitable distribution state. No 50/50 presumption — equitable apportionment based on 15 statutory factors. The primary statute governing property division is SC Code § 20-3-620. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
Nonmarital property includes property acquired before marriage, by gift or inheritance, or excluded by valid agreement. Commingling or transmutation can convert nonmarital to marital property.
No. South Carolina is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
South Carolina has several unique features: Fault (marital misconduct) is a factor in BOTH property division and alimony. Family Court handles all divorce proceedings.
Get a personalized property division analysis based on South Carolina's equitable distribution laws.
Start My Free South CarolinaEstimate →This tool provides educational estimates based on South Carolina equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed South Carolina family law attorney before making decisions. Primary statute: SC Code § 20-3-620.