Douglas Barker

Legal Separation & Divorce

Property Division

Child Custody Cases

Property Distribution

Question:

I've been married for ten years and am trying to figure out how the court will address property matters. What all do they consider?

Answer:

Marital misconduct or fault (grounds for the divorce) weigh heavily on the courts decision, but other factors that are considered include, but are not limited to:

  • Length of the marriage
  • Contributions of both partners to marital property and it's maintenance
  • Income and earning potential
  • Child custody and the needs of the children
  • Vested retirement (if any) of either spouse
  • Special needs: Medical
  • Ongoing support obligations made prior to the marriage
  • Tax consequences of alimony and/or child support, if awarded
  • Consumer debt

More information is available under South Carolina Code of Laws Section 20-7-472 and 20-7-473








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