South Carolina Divorce Property Division
What the Law Says
South Carolina courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.
South Carolina divides marital property equitably, beginning with the presumption that an equal division is equitable. Courts may adjust based on specific factors enumerated in the statute.
Statutory Factors (S.C. Code Ann. §20-3-620)
South Carolina courts are required to consider:
- Duration of the marriage
- Income and liabilities of each spouse
- Contributions to the marriage including homemaking
- Future earning capacity
- Tax consequences
- Waste or dissipation of marital assets
- Custodial needs
- Any other factors for fairness
Common Questions
South Carolina: community property or equitable distribution?
Equitable distribution. Under S.C. Code Ann. §20-3-620, the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.
What factors does a South Carolina court weigh?
S.C. Code Ann. §20-3-620 lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.
Does South Carolina split retirement accounts in a divorce?
Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).
ClearSplit runs South Carolina's equitable distribution rules on your actual assets and debts.
Try the CalculatorSource: S.C. Code Ann. §20-3-620 AI draft · Full law library entry