Tuesday, May 25, 2010

What constitutes Equitable Division?

South Carolina courts have determined that equitable division of the marital estate needs to be "appropriate." But what is appropriate in the eyes of the law? There is a trend in courts for an equal apportionment of marital property. While it is in the discretion of the Judge, there are several factors that should be considered including the length of the marriage, fault of parties, assets and debts, etc. Take a look at this case for more information.

4 comments:

  1. I think a 50%-50% division is just and fair. A 60-40 is not anymore, especially if it's the spouse who contributed more to the estate is the one getting the smaller share. But if the estate was say inherited from one of the spouse's relatives, then I'm not really sure about the 50/50 division.

    Anyway, very informative blog you have here. Thanks for sharing!

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  2. Natalie M. HayesJune 25, 2010 at 5:17 PM

    I wonder what constitutes equitable division in states like California, New York, Florida, Texas and others. I hope it's similar to this one. My sister is in Texas and she's in the start of a divorce. We're all expecting it to be a long and painful legal process.

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  3. Thanks for the comments. I love to get feedback as I am trying to make this blog a place where people can express opinions regarding divorce, family law, etc.

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  4. Here is a useful link access the South Carolina Code of Law regarding Domestic Relations. http://www.scstatehouse.gov/code/titl20.htm

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