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One of the most stressful and emotional parts of getting divorced is dividing your property. Whether you've been married for a few years or a few decades, you’ve likely accumulated assets, debts, and property that now need to be fairly divided. At Sarji Law Firm, we help clients throughout Charleston understand what to expect from South Carolina’s property division laws and how to protect what matters most during a divorce.
In South Carolina, property is divided based on equitable distribution, not equal distribution. That means the court doesn’t automatically split everything 50/50. Instead, it divides marital assets in a way it considers fair, which may or may not be even. Key point: fairness doesn’t always mean a perfectly equal split.
Only marital property is subject to division during a divorce. This includes most assets and debts acquired by either spouse during the marriage, such as:
Even if one spouse’s name is on the title or account, if the asset was acquired during the marriage, it’s usually considered marital property.
Separate property belongs to one spouse individually and is not subject to division unless it was mixed or “commingled” with marital property. Examples of separate property include:
However, if separate assets were used to purchase joint property or deposited into joint accounts, they may lose their separate status.
South Carolina law gives judges discretion to divide property fairly. In making that decision, the court considers multiple factors, including:
For example, if one spouse stayed home to raise the children while the other advanced their career, the court may give more assets to the stay-at-home parent to balance the contributions.
The marital home is often the biggest asset and a major point of conflict. Options include:
Courts may prioritize stability for children when determining who stays in the home. However, that decision also depends on each spouse’s financial ability to maintain it.
Retirement accounts like 401(k)s and pensions are typically considered marital property if contributions were made during the marriage. These accounts are often divided using a Qualified Domestic Relations Order (QDRO), a legal document that allows retirement funds to be split without triggering taxes or penalties. Even if only one spouse contributed, the other may still be entitled to a portion of the account value.
Yes. Many couples prefer to avoid court by reaching a property settlement agreement through mediation or with the help of attorneys. This allows both parties to have more control and flexibility over the outcome. Benefits of a negotiated agreement include:
However, any agreement must still be approved by a family court judge to ensure it’s fair and meets legal standards.
Property division can impact your financial future for years to come. Whether you're concerned about losing your house, protecting your retirement, or making sure debts are fairly split, having the right legal guidance is essential. At Sarji Law Firm, we:
Our goal is to protect what you’ve worked for and give you the best possible financial foundation as you move forward.
If you're considering divorce in South Carolina and want to understand your rights and options, we’re here to help. Property division doesn't have to be a battle, but it does require informed legal support. Contact us today to schedule a confidential consultation with our Charleston divorce lawyers.
