Overview
South Carolina is an equitable distribution state, meaning courts divide marital property in an equitable manner at divorce based on a set of statutory factors. South Carolina law requires courts to consider factors including the duration of the marriage, marital misconduct or fault, each party’s financial condition, the manner in which title to property was acquired, and the contribution of each spouse to the acquisition of marital property. South Carolina enforces prenuptial (antenuptial) agreements under statute and case law.
What Counts as Marital Property?
Marital property in South Carolina includes all real and personal property acquired by the parties during the marriage and owned at the time of the marital litigation. This includes wages, real estate, retirement benefits earned during the marriage, and appreciation of marital property through marital effort or funds. South Carolina courts use the date of filing of the marital action as the valuation date for marital property.
What Stays Separate?
Nonmarital property in South Carolina includes property owned before the marriage, gifts and inheritances received individually, property acquired after the date of filing, and property excluded by a valid prenuptial agreement. South Carolina courts are required by statute to set aside nonmarital property to the owning spouse and not subject it to equitable apportionment. Clear documentation of separate character is essential.
Prenuptial Agreements in South Carolina
South Carolina enforces prenuptial agreements under SC Code § 20-7-473 and common law principles. A prenup must be in writing, voluntarily executed, and supported by fair and reasonable disclosure of assets. Courts will void agreements that are unconscionable, procured by fraud or duress, or based on misrepresentation of financial information. South Carolina courts have a consistent history of enforcing well-drafted prenuptial agreements.
Key Considerations
- South Carolina is one of few states that still considers marital fault in property division — a prenup can override this variable and provide more predictable outcomes.
- The use of the filing date as a valuation cutoff means that asset values can fluctuate between separation and filing, which is an important consideration.
- South Carolina does not recognize common-law marriage formed after July 24, 2019, but does honor earlier common-law marriages validly formed within the state.
- Business interests and professional practices should be carefully addressed in a South Carolina prenup, including formulas for valuation and growth allocation.
Key Statutes
- South Carolina Code § 20-3-620 (equitable apportionment of marital property)
- South Carolina Code § 20-3-630 (nonmarital property)
- South Carolina Code § 20-7-473 (antenuptial agreements)
This is educational content, not legal advice. Consult a licensed South Carolina family law attorney for guidance specific to your situation.