How South Carolina Divides Property in a Divorce (2026)

South Carolina divides marital property through equitable distribution — fair, but not necessarily 50/50. What makes South Carolina unique is that fault is a statutory factor in both property division and alimony. An adulterous spouse may receive less property AND may be completely barred from alimony.

Marital vs. Non-Marital Property — S.C. Code § 20-3-630

Marital Property (Subject to Equitable Distribution)

Property acquired during the marriage by either spouse, regardless of title:

• Real estate purchased during the marriage
• Income earned during the marriage
• Retirement contributions made during the marriage
• Vehicles purchased during the marriage
• Business interests developed during the marriage
• Bank and investment accounts funded during the marriage
• Appreciation of marital property during the marriage

Non-Marital (Separate) Property — Not Divided

• Property owned before the marriage
• Gifts received by one spouse from a third party
• Inheritances received by one spouse
• Property acquired after the formal separation date (after the 1-year clock started)
• Property acquired with non-marital funds (if properly traced)

Commingling warning: Mixing non-marital funds with marital funds can convert non-marital property to marital property. Keep separate accounts. Document the origin of all significant separate property.

The 15 Equitable Distribution Factors — S.C. Code § 20-3-620

South Carolina courts weigh 15 specific factors to determine equitable distribution:

1. Duration of the marriage
2. Age, physical, and emotional condition of both spouses
3. Contribution of each spouse to the acquisition of marital property (including homemaking)
4. Income of each spouse
5. Earning potential of each spouse
6. Non-marital property of each spouse
7. Retirement benefits of each spouse
8. Whether alimony has been awarded
9. Each spouse's debts and liabilities
10. Custody of children (if keeping the family home serves children's best interests)
11. Whether equitable apportionment is in lieu of or in addition to alimony
12. Tax consequences of the apportionment
13. Support obligations from prior marriages
14. Loss of health insurance benefits upon divorce
15. Marital misconduct or fault — including adultery, physical cruelty, habitual drunkenness/drug use

Factor 15 — Fault: This is the factor that makes South Carolina stand apart. The court can reduce the share of marital property awarded to a spouse whose fault caused or contributed to the breakdown of the marriage.

Retirement Account Division

• Employer plans (401k, 403b, pension, 457b): QDRO required after Final Decree
• IRAs: Transfer incident to divorce — no QDRO; trustee-to-trustee transfer

The marital portion of a retirement account is the amount contributed and earned from the date of marriage to the date of formal separation (or the filing date, depending on how the court measures). If you had a retirement account before marriage, document the pre-marital balance.

Alimony in South Carolina — S.C. Code § 20-3-130

South Carolina courts have broad discretion to award alimony. Types of alimony:

• Periodic alimony: Regular payments (monthly) — most common in long marriages
• Lump-sum alimony: One-time payment, fixed and non-modifiable
• Rehabilitative alimony: Fixed term to allow the recipient to become self-supporting
• Reimbursement alimony: Compensates a spouse for supporting the other's education or career
• Separate maintenance and support: Similar to alimony, awarded in cases of legal separation

Alimony Factors (S.C. Code § 20-3-130(C)):

Length of marriage, age and health, educational background, earning potential, standard of living, child custody arrangements, prior support obligations — and critically — fault.

The Adultery Bar (§ 20-3-130(A))

This is one of South Carolina's most significant rules: A spouse who has committed adultery is barred from receiving alimony. The adultery must be established by evidence — not merely alleged. Once proven, the bar is absolute — the court has no discretion.

Adultery also affects property division (Factor 15 above) — the non-adulterous spouse may receive a larger share of marital property.

Business Interest Division

Business interests developed or acquired during the marriage are marital property:

• Professional practices, partnerships, LLCs, S-corps
• Valuation by a certified business valuator
• Options: buy-out, offset, structured payments, sale

Last reviewed: March 2026 | S.C. Code § 20-3-620 (15 factors) | Adultery bars alimony — § 20-3-130(A) | QDRO after Final Decree | Non-marital property protected

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.