On July 31, 2024, in the matter of Bostic v Bostic, the South Carolina Supreme Court found a significant amount of personal goodwill in a dental practice that was formed and built during a long term (45 year) marriage.

The Court found that Husband had

... established and solely owned his dental practice—which bore only his name—for decades...  He had spent considerable time immersing himself in the community with an aim at promoting his business and shaping his reputation as a dentist...  He had advertised his practice in church brochures, on the radio, and on television...  He periodically contacted his patients individually by, for example, sending Christmas cards...  Most importantly, upon sale of one of his two offices, he had signed a covenant not to compete.

The Supreme Court found that the "dental practice's success and reputation existed solely because of Husband's professional skill and broad, community-focused outreach."  This ruling amounted to a windfall of approximately half a million dollars to Husband.

Hmmmm. Ever hear of the homemaker contribution?

Marital property is defined as all property acquired during a marriage regardless of title, subject to certain exceptions.  We are told that marriage and families are the backbone of our communities.  In this context, how does carving out an exception for personal goodwill make any sense.

How can certain property acquired by the family during the marriage, resulting from the cooperative and mutual effort of all family members, that supports the family for many years, be the sole and exclusive property of only one family member?

Consider what the average homemaker does:

• Dusting, sweeping, mopping, and vacuuming floors and carpets
• Washing dishes and putting them away
• Cleaning bathrooms, including sinks, toilets, and showers
• Laundry, including washing, drying, and ironing clothes
• Maintaining organized and tidy living spaces
• Planning menus and preparing meals for the family
• Stocking and organizing the pantry and fridge
• Cleaning up after meal times
• Caring for children, including feeding, bathing, and playing with them
• Assisting with homework and school projects
• Transporting children to and from school and activities, if necessary
• Running errands, such as grocery shopping and picking up dry cleaning
• Maintaining household budget and finances
• Managing and overseeing household maintenance and repairs

Consider how much time it takes to do all of these things, or just some of them.  Consider, also, how much time is now freed up for the other spouse to build his/her business?

Without the support of their entire family, would it even be possible for one spouse to acquire anything at all based upon their "sole and separate" efforts?  Can there even be a "sole and separate" effort taken by a spouse during a marriage?

Isn't this just another way to punish women, like the alimony bar for adultery?

Guy Vitetta

Charleston SC