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Factors that help determine distribution of marital property

Dividing marital property between spouses during a divorce is not an easy task. Not only may it be an issue figuring out who will get what, but there may be confusion about what is considered marital property and what is not. Marital property is considered any personal and real property that was acquired during marriage. Certain states, like South Carolina, have equitable distribution laws where spouses have the right to any and all marital property. These laws are not the only thing that affect how property is divided between spouses.

During the divorce process, there are a variety of factors that may be examined to help judges determine how marital property will be divided. It is not uncommon for courts to examine the following factors and more:

  • Fault of each spouse.
  • Length of marriage.
  • Income of each spouse.
  • The age of each spouse when married and divorced.
  • The value of the property that may be divided.

Following the examination, the courts may award each spouse a share in the marital property. Even though there is property that courts feel is marital, there is also property that you may not be required to divide in the event of a divorce. This type of property is non-marital and was acquired prior to marriage, as a gift or inheritance or was excluded by a prenuptial agreement or written contract.

Should you find yourself in the midst of divorce or have questions about how marital property is divided, a South Carolina divorce attorney may be able to assist you. You have a right to certain property and a knowledgeable attorney may clear up any confusion and may help you get what you deserve.

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Aaron & Aaron
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Clemson, SC 29631

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