Aaron & Aaron, Attorneys at Law
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How is property divided during divorce?

There is a lot to sort out during divorce, especially if you have children. One thing that is a factor in most divorces, however, is the division of marital property. Couples can accumulate a lot during their relationship, particularly if they have been married for a long time or if one or both partners are high earners.

As we have seen previously, some couples manage to come to an amicable agreement on how to split things. However, this isn't always possible and the division may need to be made by the court. How this happens depends upon the policies in your state. As is explained by FindLaw, there are two main ways in which the division of divorce property is usually handled.

In community property states, each bit of marital property is designated as being either community or separate. Community property encompasses all property acquired during the marriage. Separate property usually refers to property owned before the marriage, as well as gifts and inheritances. Separate property is kept by whichever partner owns it, while the community property tends to be divided equally between both partners.

South Carolina uses a different method, known as equitable distribution. This is the method used by the majority of states. Rather than dividing everything equally, a judge awards property to each spouse in the manner that he or she deems to be most fair. This decision is often influenced by factors such as each spouse's earnings and the presence of children.

Every case is different, so it is impossible to know exactly how your divorce might progress. Nevertheless, an attorney can be helpful as you navigate the divorce process and work toward securing a fair settlement.

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