South Carolina Property Division
Calculator (2026)

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.

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.

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.