Will My Spouse Get Half of Everything in a South Carolina Divorce?

Getting a divorce and worried your spouse is going to walk away with half of everything? You’re not alone—and in South Carolina, it’s a common fear fueled by myths about how divorce works. The truth is, South Carolina uses equitable distribution, not automatic 50/50 splits of your assets. That means the court aims for fairness, not equality, and what’s “fair” depends on the details of your marriage, finances, and even behavior during the relationship.

If you’re concerned about protecting what matters most, it’s critical to understand how the law really works before you make assumptions—or costly mistakes.

What Counts as Marital vs. Separate Property in a Divorce

Before dividing anything in a divorce, you need to determine which assets and debts are legally subject to division by identifying what counts as marital property versus what remains separate.

Marital Property

Marital property includes most things either of you picked up during the marriage, whether it’s a house, a car, or even a retirement account. It usually doesn’t matter whose name is on the title or who paid for it. If it was acquired while you were married, it’s likely going to be part of the property division.

Separate Property

Separate property, on the other hand, covers things one spouse owned before the marriage, or anything received as a gift or inheritance, as long as it was kept separate. If that money or property wasn’t mixed with joint assets, it typically stays with the original owner and isn’t split up in the divorce.

But here’s where people sometimes run into trouble: once separate property gets mixed with marital assets, it can lose its protected status. For instance, if you inherited money but dropped it into a shared account, the court may treat that inheritance as part of the marital estate.

How Property Is Divided in a South Carolina Divorce

Once everything’s been sorted into marital and separate property, the next step is figuring out how to divide the marital assets and debts. South Carolina uses a system called equitable distribution, which isn’t always a clean 50/50 split. Instead, it’s about what’s fair based on your situation.

The court looks at a number of factors before deciding how to divide property, such as:

• Each spouse’s income and future earning potential
• How long the marriage lasted
• Both parties’ age and health
• What each spouse contributed—financially or as a homemaker
• The tax impact of how things are split
• The value of any separate property
• Any existing child custody arrangements

Let’s say one spouse stayed home to raise the kids and has limited income—there’s a good chance the court could award them a larger share of the marital property to help them land on their feet.

On the other hand, if one party has depleted shared assets through gambling or wasteful spending, that behavior could significantly impact the final outcome.

Who Gets The Family Home?

For a lot of couples, the family home is the biggest asset they own—and often, the hardest to deal with during a divorce. Even if the deed is in just one spouse’s name, if the home was bought during the marriage, it’s typically treated as marital property.

That doesn’t automatically mean the house has to be sold and the money split in half. There are a few ways the court might handle it, depending on what makes the most sense:

• One spouse keeps the house and gives up other assets to balance things out
• The house gets sold and the proceeds are divided
• One spouse buys out the other’s share
• If there are kids involved, the custodial parent may stay in the home until the children are grown

The right solution depends on a lot of things—like who can realistically afford the mortgage on their own, or what’s best for the kids. Our job is to help you find a path forward that protects your stability and keeps things as fair as possible.

Dividing Debt in a South Carolina Divorce

When you’re going through a divorce, it’s not just about dividing what you own—it’s also about splitting up what you owe. Any debt taken on during the marriage, like credit card balances, car loans, or a mortgage, is usually considered marital and can be divided between both spouses.

Even if the account is only in one spouse’s name, that doesn’t always mean they’re the only one responsible. Just like with assets, the court looks at what’s fair—not just what’s on paper. That means factors like income, who benefited from the debt, and how it was used all come into play.

If one spouse ran up a bunch of credit card debt on things like luxury items or personal spending, the court may decide they should take on more of that burden in the final division of assets and debts.

Reaching a Property Division Agreement Without Going to Court

You don’t have to leave everything up to the court. In fact, you and your spouse have the option to work out your own property division agreement—and doing so can save a lot of time, money, and stress.

With the right guidance, reaching a fair settlement outside the courtroom is not only possible—it’s often the better path. A skilled divorce attorney can walk you through it, helping you:

• Identify and put a fair value on all marital assets and debts
• Understand what the law says about your rights and responsibilities
• Stand your ground during negotiations
• Put together a strong, legally sound settlement agreement

At Okoye Law, we always aim to resolve these issues as smoothly and respectfully as possible. But if negotiations break down, we won’t hesitate to step in and fight for what’s fair—in court if necessary.

Protect What Matters Most During Your Divorce

Divorce isn’t easy, but with the right support, you can protect your financial future and move forward with confidence.

If you’re unsure how your marital property might be divided, it’s smart to get legal advice sooner rather than later. A knowledgeable family law attorney can help you understand your options and what’s at stake.

At Okoye Law, we take the time to learn what matters to you and build a strategy that fits your goals. You don’t have to face this alone—reach out today for a confidential consultation, and let’s work together to protect what you’ve built.