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:
- State: South Carolina
Answer:
South Carolina is an "equitable distribution" state. This means that the division of marital property and debts between divorcing parties should be fair and equitable, but not necessarily equal. Some of the factors the court considers in dividing the property between the parties include:
1. The duration of the marriage.
2. The age of the spouses.
3. Marital misconduct.
4. Economic misconduct.
5. The value of each party's marital property.
6. The contribution of each spouse to the marital estate.
7. The income of each spouse.
Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage. If the parties occasionally use an item of separate property for the benefit of both parties, the property may be subject to division. Where the parties regularly use property acquired by one party before marriage for the common benefit of the parties, it is more likely to be available for consideration in dividing property. The frequency of use may be considered by the court in making the 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.
