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