Quick answer: South Carolina divides marital property equitably on fifteen factors, and its Court of Appeals holds that both vested and nonvested retirement benefits are marital property if acquired during the marriage and before the date of filing. The statutes set no pension formula, so the marital share and the method are left to the family court.
This South Carolina pension division calculator shows an illustrative marital fraction of a benefit under S.C. Code 20-3-620. You supply the months of service during the marriage and before filing, the total months, the monthly benefit and the share you want to test: both the fraction and the share are illustrations, not South Carolina rules.
South Carolina pension and retirement division at a glance
| Rule | What South Carolina says |
|---|---|
| Marital property | All real and personal property acquired during the marriage and owned on the date of filing or commencement of marital litigation, whoever holds title, with listed exclusions (S.C. Code 20-3-630(A)) |
| Retirement benefits | The Code does not define pensions as marital property, but vested and nonvested retirement benefits acquired during the marriage and before filing are marital (Asmussen v. Asmussen, citing Shorb v. Shorb) |
| Equitable apportionment | The court gives weight to fifteen factors, including the existence of vested retirement benefits, marital misconduct that affected finances, contributions and tax consequences (20-3-620(B)) |
| Finality | The property order is final and not modifiable except by appeal (20-3-620(C)) |
| Valuation | Present cash value, usually with an offset of other marital assets, or distribution from each payment; there is no set rule (Asmussen, summarizing Martin and Belton) |
| Military pay | Vested military retirement benefits accrued during the marriage are marital property; federal law caps total court-ordered payments at 50% of disposable retired pay (Martin v. Martin; 10 U.S.C. 1408) |
How does South Carolina divide a pension?
- The marital share. See how a South Carolina pension’s marital share is calculated.
- Dates and valuation. See cutoff dates and valuation for retirement accounts in South Carolina.
- Military and federal pensions. See military and federal pensions in a South Carolina divorce.
What does this pension division calculator check?
The calculator divides months of service during the marriage and before filing by total months of service, applies that fraction to the monthly benefit, and multiplies by the share you enter. The nonmarital part, such as service before the marriage or after filing, is shown separately. For military retired pay it also checks the federal 10-year overlap that allows direct payment (10 U.S.C. 1408(d)(2)). A court may value the pension by present cash value instead and offset other assets, and the benefit also depends on the plan’s own rules. To see the rest of the property split, use the South Carolina property division calculator.
Frequently asked questions
Are pensions divided in a South Carolina divorce?
Yes. Vested and nonvested retirement benefits acquired during the marriage and before filing are marital property.
Is a South Carolina pension divided 50/50?
Not by rule. The court apportions marital property equitably on fifteen factors.
Are unvested pensions divided in South Carolina?
Yes. The Supreme Court has held nonvested pension plans are marital property too, and the court decides what portion the other spouse gets.
What is the South Carolina cutoff date for retirement?
The date of filing or commencement of marital litigation, or earlier if a pendente lite order, settlement or permanent order comes first.
Is military retirement divided in South Carolina?
Vested military retirement benefits accrued during the marriage are marital property, within the federal 50% cap.
Official sources
- S.C. Code 20-3-620: apportionment factors
- S.C. Code 20-3-630: marital property; nonmarital property
- Asmussen v. Asmussen, No. 2011-UP-301 (S.C. Ct. App. 2011) (unpublished): retirement benefits as marital property
- Martin v. Martin, 296 S.C. 436, 373 S.E.2d 706 (Ct. App. 1988): military retirement
- 10 U.S.C. 1408: military retired pay in divorce
- 26 U.S.C. 414(p): qualified domestic relations orders
- 29 U.S.C. 1056(d)(3): ERISA domestic relations orders