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South Carolina Property Distribution Laws

Each spouse is entitled to keep his or her separate property. Separate property is all property which was acquired prior to the marriage; acquired by gift or inheritance; acquired in exchange for non-marital property; or was acquired due to an increase in the value of any non-marital property.

All other property will be equitably divided based upon the following factors:

• the duration of the marriage;

• the age of the spouses;

• any marital misconduct;

• any economic misconduct;

• the value of the marital property;

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

• the income of each spouse;

• the earning potential of each spouse and the opportunity for the future acquisition of capital assets;

• the physical and emotional health of each spouse;

• the needs of each spouse for additional training or education in order to achieve their earning potential;

• the non-marital property of each spouse;

• any retirement benefits;

• whether alimony has been awarded;

• the desirability of awarding the family home to the spouse having custody of any children;

• the tax consequences; any other support obligations of either spouse;

• any marital debts of the spouses;

• any child custody arrangements; and

• any other relevant factors.

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