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Guiding You Through Divorce And Property Division

Determining who gets what assets and how to distribute marital debt is one of the more contentious aspects of divorce. Both parties may be hesitant to compromise and nervous about how they are going to meet financial obligations.

At The Law Office of Daniel D. Kienker, LLC, in Columbia, we protect our clients' rights regarding the distribution of marital property. Whether you have a limited amount of marital assets or you have extensive holdings that are held jointly, our experienced attorney can clearly explain your options and how the South Carolina laws regarding division of assets apply in your case.

What Type Of Property Is Subject To Division?

Broadly defined, marital property is any property that was acquired during the marriage no matter whose name is on the title. Assets and debts that were acquired prior to the marriage are generally considered separate property and not subject to distribution. There are common exceptions to these rules, however; it's always wise to consult with a knowledgeable family law attorney regarding clarification on marital property.

What Is Equitable Distribution?

South Carolina law calls for "equitable distribution" of all marital assets and debt. This should not be interpreted as a 50-50 split. Instead, if both parties are unable to reach an agreement, a family court judge will divide your property in a manner that appears to be fair after taking into account a number of factors, including:

  • The length of the marriage
  • The value of each individual item of property
  • The value of each party's nonmarital assets
  • Each party's contribution to the acquisition, appreciation or depreciation of marital property (this includes a spouse's role as homemaker)
  • Each spouse's income and earning potential
  • Each spouse's need for additional education or job skills training
  • Whether one spouse has been ordered to pay spousal maintenance or alimony

Experienced With High-Asset Cases And Military Divorces

Property division can become especially complex and contentious if a couple has accumulated significant assets over the course of a marriage. We have the resources and experience to properly value complex holdings such as investment real estate, retirement accounts, pension plans, closely held businesses and ownership stakes in professional partnerships common among physicians, lawyers and other professionals.

We are also prepared to help you navigate the complex laws that apply to property division involving military divorce. Not all military personnel stationed in South Carolina are considered residents of this state. We will help you determine which state's law apply as well as how the Uniformed Services Former Spouse Protection Act (USFSPA) impacts the distribution of military retirement pay and other marital property.

Contact Our South Carolina Law Firm

As with all aspects of family law, it is wise to get out in front of property division issues. Contact us online or call 803-470-0447 to schedule a consultation so we can review the facts of your case and recommend the best course of action.

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