South Carolina Property Division
How property is divided in a South Carolina divorce. Understand equitable distribution rules, what counts as marital vs. separate property, and how to protect your assets. Updated for 2026.
Under S.C. Code § 20-3-610 through § 20-3-630, South Carolina is an equitable distribution state. The court identifies, classifies, and apportions marital property in a manner that is fair under all the circumstances. Marital property includes all real and personal property acquired by the parties during the marriage and owned as of the date of filing. Nonmarital property includes property acquired before the marriage, by gift or inheritance from a third party, or after certain triggering events such as entry of a temporary order or signing of a settlement agreement.
What Equitable Distribution Means for You
In an equitable distribution state like South Carolina, the court aims to divide property fairly based on each couple's unique circumstances. "Fair" does not necessarily mean "equal." The court considers multiple factors.
Marital Property (Subject to Division)
- • Income earned during marriage
- • Real estate purchased during marriage
- • Retirement contributions during marriage
- • Vehicles purchased during marriage
- • Business income/growth during marriage
- • Marital debts
Separate Property (Usually Not Divided)
- • Property owned before marriage
- • Gifts received by one spouse
- • Inheritances
- • Personal injury settlements
- • Property defined as separate in a prenup
Inventory your assets with Divorce.ai
Our asset tracker helps you catalog and value all marital property for a fair division.
Factors South Carolina Courts Consider
When dividing property, South Carolina courts consider the following factors:
Duration of the marriage and ages of the parties at the time of marriage and at the time of the divorce action (S.C. Code § 20-3-620(1))
Marital misconduct or fault of either or both parties, whether or not used as a basis for the divorce (S.C. Code § 20-3-620(2))
Contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of marital property, including homemaker contributions (S.C. Code § 20-3-620(3))
Income of each spouse, earning potential, and opportunity for future acquisition of capital assets (S.C. Code § 20-3-620(4))
Physical and emotional health of each spouse (S.C. Code § 20-3-620(5))
Need of each spouse for additional training or education to achieve income potential (S.C. Code § 20-3-620(6))
Nonmarital property of each spouse (S.C. Code § 20-3-620(7))
Existence or nonexistence of vested retirement benefits for each spouse (S.C. Code § 20-3-620(8))
Whether separate maintenance or alimony has been awarded (S.C. Code § 20-3-620(9))
Desirability of awarding the family home to the spouse with custody of children (S.C. Code § 20-3-620(10))
Tax consequences to each party of any particular form of equitable apportionment (S.C. Code § 20-3-620(11))
Existence and extent of support obligations from a prior marriage (S.C. Code § 20-3-620(12))
Liens and encumbrances upon the marital property or separate property (S.C. Code § 20-3-620(13))
Child custody arrangements and obligations at the time of the order (S.C. Code § 20-3-620(14))
Such other relevant factors as the court shall expressly enumerate in its order (S.C. Code § 20-3-620(15))
Common Assets Divided in South Carolina Divorce
Real Estate
The marital home is often the largest asset. Options include selling and splitting proceeds, one spouse buying out the other, or deferred sale (especially when minor children are involved).
Retirement Accounts
401(k)s, IRAs, and pensions earned during marriage are marital property. Division requires a QDRO (Qualified Domestic Relations Order) to avoid tax penalties. Cost: $500-$1,500.
Business Interests
If either spouse owns a business started or grown during the marriage, its value (or the marital portion of its value) is subject to division. A formal business valuation may be needed.
Vehicles
Cars, boats, and other vehicles purchased during marriage are divided based on current value minus any outstanding loan balance.
Bank Accounts & Investments
Joint and individual accounts funded during the marriage are typically marital property. This includes savings, checking, brokerage, and crypto accounts.
Know what you're entitled to
Divorce.ai's asset tracker and equitable distribution calculator help you understand how property might be divided in your South Carolina divorce.
How to Protect Your Assets in South Carolina Divorce
Document everything. Create a comprehensive inventory of all assets and debts with current values and documentation.
Keep separate property separate. Do not commingle inherited funds or pre-marital assets with joint accounts.
Monitor joint accounts. Watch for unusual withdrawals or transfers. Courts look unfavorably on dissipation of marital assets.
Get professional valuations. For high-value assets (real estate, businesses, art), professional appraisals ensure accurate division.
Consider tax implications. Some assets have hidden tax costs (e.g., capital gains on stocks). A $100,000 investment account is not the same as $100,000 in cash.