Couples in South Carolina who have IVF treatments may not think about what may become of their embryos if they divorce. Usually, facilities have couples sign a contract that specifies whether they want their embryos donated or destroyed in the case of divorce. Keeping the embryos frozen may be another option. However, these contracts might not be legally enforceable.
If a South Carolina couple is considering divorce, they may be wondering what will happen to the family home. Because people often have an emotional connection to their home, especially if they built it themselves or raised their children there, it can be very difficult to make a rational decision that makes sense when post-divorce finances are taken into consideration.
According to the American Academy of Matrimonial Lawyers, up to 30 percent more couples tend to seek a divorce in January after the holidays have ended. For South Carolina residents who are thinking about doing so, there are some mistakes that they should avoid making.
Social Security rules contain provisions for ex-spouses that allow for the payout of benefits even decades after a divorce. People who had been married for at least 10 years may be missing out on retirement funds by not investigating their benefits compared to those of their ex-partner. Claiming benefits after a divorce requires meeting certain criteria. The formulas determining the benefit totals are complex as well.
While there is sometimes a negative stigma attached to prenuptial agreements, there are many reasons that any couple might need one before tying the knot. South Carolina residents might like to know about a survey conducted by the American Academy of Matrimonial Lawyers that found that millennials are entering into one comparatively frequently.
When South Carolina couples get a divorce, if one of them has student loan debt, both may end up responsible for paying it off. In general, student loan debt that dates from before the marriage is not considered shared property and will remain the responsibility of the person who originally took it out, but student loans that were incurred by either spouse after the couple were married may be considered shared debt along with things like credit card debt and mortgages.
As the divorce rate has dropped among younger couples throughout the country, the rate for couples over the age of 50 has been on the rise. Divorce for any age group can leave one or both parties in a financially difficult position, and for older South Carolina couples, it may imperil their retirement. One study found that a woman is more likely to work past her retirement age if she divorces when she is older.
Many divorcing spouses try to resolve matters outside of court in order to keep costs to a minimum. While this may be a good solution for some, others might try to avoid the court system in order to manipulate the situation. An individual who feels that the other party is making demands that are out of line might need to discuss their situation with a lawyer.
South Carolina couples may be interested to learn that most people file for divorce in March and August, according to a study. January is also so popular for divorce that "Divorce Monday" has become a New Year's tradition for many family law firms.
Arguments over matters like child custody and spousal support can quickly become heated during a divorce, but South Carolina couples are often able to put their animosities to one side when the subject being discussed is the future of the family home. The primary residence is usually the most valuable marital asset, and it may be prudent to sell the property and divide any proceeds between the spouses.