Quick answer: South Carolina is an equitable apportionment state, not a community property state. Under S.C. Code § 20-3-620, on request the court makes a final equitable apportionment of the marital property, giving weight “in such proportion as it finds appropriate” to fifteen factors: the duration of the marriage and the ages of the parties; marital misconduct or fault that affected the finances or contributed to the breakup; the value of the marital property and each spouse’s contribution, including as homemaker and the quality of the contribution; income, earning potential and future opportunities; health; the need for training or education; the nonmarital property of each spouse; vested retirement benefits; whether alimony or separate maintenance has been awarded; the desirability of awarding the family home or the right to live in it to the custodial spouse; tax consequences; support obligations; liens and debts; child custody arrangements; and other enumerated factors. Marital property is all property acquired during the marriage and owned when the action is filed, however titled; nonmarital property (inheritances, gifts from third parties, premarital property, property acquired after the earliest of a pendente lite order, a signed agreement or a permanent order, property traced to those, property excluded by written contract and its increase in value except for the other spouse’s efforts) cannot be apportioned. Gifts between spouses are marital. The order is final and not modifiable except by appeal.
What the South Carolina statutes say
- Equitable, not equal. There is no percentage or presumption of equal division.
- Fault can count. Misconduct that affected the economic circumstances or contributed to the breakup is a factor.
- Nonmarital property protected. The court has no jurisdiction to apportion it.
How the calculator works
You enter the marital property and debts each spouse holds and each spouse’s nonmarital property, which is left out of the division. The calculator adds up the net marital property, starts at an equal share and shows the payment between the spouses; you can move the slider to test another division. The reasoning is in equitable apportionment of marital property, marital and nonmarital property and the fifteen factors and the final order.
Property and alimony
Alimony is a factor in the apportionment, and the apportionment is a factor in alimony. See the South Carolina alimony calculator.
Property division across South Carolina
The statutes apply in every family court, from Charleston, Columbia, North Charleston, Mount Pleasant, Rock Hill or Greenville. The IRS lists nine community property states, and South Carolina is not among them.
Frequently asked questions
Is South Carolina a community property state?
No. South Carolina makes an equitable apportionment of marital property under S.C. Code 20-3-620. The IRS lists nine community property states, and South Carolina is not among them.
Does South Carolina split property 50/50 in a divorce?
Not by rule. The court weighs fifteen factors and sets no fixed percentage.
Is an inheritance divided in a South Carolina divorce?
No. Property acquired by inheritance, devise, bequest or gift from someone other than the spouse is nonmarital, and the court cannot apportion it.
Does fault matter in South Carolina property division?
Yes. Marital misconduct that affected the economic circumstances or contributed to the breakup is a factor.
Can a South Carolina property apportionment be modified?
No. The order is final and not subject to modification except by appeal.