Equitable division is the term commonly used to refer to the process that the Courts use to determine who gets what in a divorce. South Carolina has developed a set of considerations that help guide the Family Court as to how the Court may divide property when couples get divorced or separate. These considerations are referred to as the “Apportionment Factors” and are found in the South Carolina Code of Laws under Section 20-3-620. Although some of these factors can be confusing to someone who does not practice family law, it can be important to take them into consideration. Please find below the factors in a slightly abridged form. If you have any questions about these factors, don’t hesitate to contact The Carolina Firm LLC to schedule a consultation to discuss how these factors may impact a distribution of property that concerns you. For the actual South Carolina Code text, visit the South Carolina State Legislature Website.
- The duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the separation or divorce.
- Marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce as such, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage unless such misconduct occurs after certain Orders of the South Carolina Family Court or a written agreement signed by both parties.
- The value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property.
- The income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets.
- The physical and emotional health of each spouse.
- Additional training or education that each spouse may need to achieve that spouses’s income potential.
- The nonmarital property of each spouse.
- Vested retirement benefits of each spouse.
- Awards of separate maintenance or alimony.
- The desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children.
- The tax consequences of how the property may be apportioned.
- Support obligations from a prior marriage or for other reasons.
- Liens and any other encumbrances upon the marital property.
- Child custody arrangements and obligations.
- Other relevant factors the Court determines to be important.