South Carolina Divorce Information


Property Ownership For Divorce Purposes

Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," and not necessarily 50/50. Marital fault can be considered when dividing property in South Carolina.

What Property is Divided?

Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance, 4) Appreciation of separate property, except to the extent it resulted from the efforts of either spouse during the marriage.

Alimony

At the court's discretion. Marital fault may be considered, and may not be awarded to a spouse who committed adultery. Terminates upon the death of either party, and upon the receiving party's remarriage or cohabitation with another person.

Child Support

Income shares method, which means the income of both parents is considered. Emancipation is age 18, unless still in high school, in which case it can be extended graduation or age 19, whichever comes first. Courts can order payment of college education costs. Child Support Calculator.

Child Support Enforcement

The South Carolina child support enforcement agency can be found at:

http://www.state.sc.us/dss/csed

Divorce Related Statutes For South Carolina

http://www.scstatehouse.net/code/titl20.htm

Other Resources

The Divorce Financial Survival Series