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Q:

How will property be divided? Does my spouse automatically get 50% of our marital assets and debts?

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South Carolina Family Court has jurisdiction to equitably divide the parties’ marital property. There is no preset rule regarding the division of assets. Instead, the Courts consider a variety of factors set out in our statutes including: duration of the marriage; separate maintenance and/or alimony awarded; child custody arrangements; physical and emotional health of each spouse; financial/economic circumstances of each spouse; vested retirement benefits of each spouse; need for additional training or education to achieve spouse’s income potential; liens or encumbrances on marital and separate property/debts; nonmarital property of each spouse; tax aspects of divorce; support being paid or received by either spouse regarding a prior marriage or child; desirability of retaining the marital home; each spouse’s contribution to the marriage; fault or marital misconduct of either party; and any other factors necessary to do equity and justice. Therefore, it is impossible to completely ...
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