How Marital Property Is Divided in South Carolina

Divorce has a major effect on your finances. Early counsel with an experienced lawyer can ensure you emerge from divorce with your finances as intact as possible.

At Lazenby Law Firm LLC, we will represent your property interests in divorce. Our law office is in Spartanburg, and we serve clients throughout Upstate South Carolina, including Greenville, Anderson and Rock Hill. Call 864-707-0201 for an initial consultation.

How Is Marital Property Divided in South Carolina?

Unless you have a prenuptial agreement, all assets and debt accumulated during your marriage are divided equitably with your spouse, with the exception of gifts and inheritances. Even if an asset is held in your name only, such as a retirement savings account, it is considered marital property if it was accumulated during the marriage.

Equitably usually means 50-50, though a judge may determine that another arrangement (such as 45-55) is equitable in your case. For example, if one spouse used their separate property assets to help support the other, it can affect how property is divided. However, the split will still probably not be far from 50-50.

Assets you owned prior to your marriage are generally yours to keep, but there are exceptions. For example, a home or a business that you owned prior to your marriage may include a mix of separate and marital property, depending on your spouse's contribution.

Does Fault Affect Marital Property Division?

Fault grounds normally do not affect marital property division.

For More Information About Dividing Assets in Divorce

Call 864-707-0201 or complete our contact form to schedule a consultation with attorney Alan Lazenby.