When a marriage ends, dividing the home, savings, retirement accounts, and debts can shape both spouses’ financial futures. South Carolina calls this process equitable apportionment. The goal is a fair division based on the marriage’s circumstances.

What property is divided?

Under S.C. Code § 20-3-630, marital property generally includes assets acquired during marriage and owned when marital litigation begins, regardless of whose name appears on the title. Inheritances, gifts from others, and premarital property generally remain separate, although how property is handled can change its classification.

Section 20-3-620 requires consideration of 15 factors, including marriage length, ages, health, income, earning potential, contributions, debts, taxes, and alimony. Homemaking counts alongside financial contributions.  

Is there a presumption of 50–50?

Strictly speaking, no. In Crossland v. Crossland, 408 S.C. 443, 759 S.E.2d 419 (2014), the South Carolina Supreme Court approved equal division as an appropriate starting point for long-term marriages while expressly rejecting a legal presumption of equal division.

That distinction matters: 50–50 is a useful starting point for evaluating a long marriage, but the evidence can support a different result.

Earning more does not automatically entitle someone to more property. In Avery v. Avery, 370 S.C. 304, 634 S.E.2d 668 (Ct. App. 2006), the court ordered equal division after a long marriage, recognizing the wife’s homemaking and other contributions despite the husband’s overwhelmingly greater financial contribution.

Does fault change the division?

It can. Section 20-3-620(B)(2) permits consideration of proven misconduct that affected the parties’ economic circumstances or contributed to the breakup, whether or not it supplies the divorce ground. Choosing a no-fault divorce therefore does not automatically remove fault from property division. Allegations alone do not establish misconduct.

Timing matters. The statute excludes personal conduct occurring after the earliest temporary order, signed marital settlement agreement, or specified permanent order.

However, fault cannot become punishment. In Doe v. Doe, 370 S.C. 206, 634 S.E.2d 51 (Ct. App. 2006), the court changed a 70–30 division to 60–40 despite the wife’s longstanding adultery. Her conduct mattered, but did not justify the severe financial penalty imposed.

How should you prepare?

Identify assets and debts, obtain reliable values, and document both spouses’ financial and household contributions. Compare settlement options against your future housing, retirement, and cash-flow needs. A fair agreement begins with understanding the entire financial picture.

Guy Vitetta, Esq.

Charleston SC