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Marital Asset Division in South Carolina

How marital vs. separate property is classified and divided in South Carolina. South Carolina follows equitable distribution.

Property Type

Equitable

Filing Fee

$150

Median Cost

$8,000–$32,000

Annual Divorces

16,000+

Understanding Marital Assets in South Carolina

South Carolina is an equitable distribution state. Courts divide marital property in a manner they consider fair, which may not be equal. Factors include length of marriage, each spouse's earning capacity, and contributions to the marital estate.

The median cost of an uncontested divorce in South Carolina is approximately $8,000. Contested divorces involving significant financial disputes average $32,000. These figures include attorney fees, filing fees ($150), and related costs.

Under S.C. Code §20-3-10, South Carolina courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

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Common Questions

How long do you have to live in South Carolina to file for divorce?
South Carolina requires 3 months (resident), 12 months (one party) of residency before you can file for divorce. S.C. Code §20-3-10 governs the filing requirements.
Is South Carolina a community property or equitable distribution state?
South Carolina follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in South Carolina?
Filing fees in South Carolina range from $150. The median total cost is approximately $8,000 for uncontested divorces and $32,000 for contested cases.
How long does a divorce take in South Carolina?
South Carolina has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in South Carolina?
South Carolina uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about marital assets in South Carolina and is not legal advice. Verify current statutes with S.C. Code §20-3-10 or consult a licensed South Carolina attorney. Last reviewed March 2026.