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How is property divided in a South Carolina divorce after 21 years of marriage?

How is property divided in a South Carolina divorce after 21 years of marriage?

Full question:

I plan on filing for divorce from my husband of 21 yrs. We have a 20 yr old daughter. We own a home. He thinks I committed adultery. We are basically just living together and that's it. Who would get what?

Category: Divorce
Date: 04/07/2025
State: South Carolina

Answer:

In South Carolina, property division during a divorce follows the principle of "equitable distribution." This means that marital property and debts are divided fairly, but not necessarily equally. The court considers several factors when deciding how to divide property:

The duration of the marriage.
The age of both spouses.
Any marital misconduct.
Economic misconduct.
The value of each spouse's marital property.
The contributions of each spouse to the marital estate.
The income of each spouse.

Generally, property that was owned before the marriage or received as a gift or inheritance during the marriage may be considered separate property, provided it hasn't been used for the couple's benefit. If separate property is used regularly for joint benefit, it may be included in the division of property. The frequency of this use can influence the court's decision.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between cheating and infidelity?

Cheating and infidelity both refer to a breach of trust in a romantic relationship. Cheating typically involves a physical or emotional relationship with someone outside of the committed partnership. Infidelity is a broader term that encompasses any act of betrayal, including emotional connections, secretive behavior, or any actions that violate the expectations of fidelity in a relationship. In legal contexts, infidelity can impact divorce proceedings, particularly regarding property division and custody arrangements.

What is habitual infidelity?

Habitual infidelity refers to a pattern of cheating or being unfaithful in a relationship. It indicates that one partner consistently engages in extramarital affairs or emotional betrayals over time. In South Carolina, habitual infidelity can be considered during divorce proceedings, particularly when determining property division and alimony, as it may influence the court's view on marital misconduct.

Do habitual cheaters ever stop?

Whether habitual cheaters stop is complex and varies by individual. Some may seek therapy or counseling to address underlying issues, while others may continue their behavior. In divorce cases, habitual infidelity can lead to significant legal consequences, affecting property division and custody arrangements. It’s essential for individuals in such situations to consider the emotional and legal implications of their actions.

What is the difference between infidelity and adultery?

Infidelity and adultery are often used interchangeably, but they can have different meanings. Infidelity generally refers to any breach of trust in a relationship, which can include emotional affairs. Adultery specifically refers to sexual relations with someone other than a spouse. In divorce cases, proving adultery may have legal implications, particularly regarding property division and alimony in South Carolina.