Archive for the ‘Equitable Distribution/Property Division’ Category

South Carolina Supreme Court leaves intact important Court of Appeals opinion on prenuptial agreements

I probably should have noted this when it came out, but on October 28, 2015 the South Carolina Supreme Court, in Hudson v. Hudson, 414 S.C. 352, 778 S.E.2d 482 (2015), dismissed as improvidently granted the writ of certiorari it issued to review the Court of Appeals opinion in Hudson v. Hudson, 408 S.C. 76, 757 […]

South Carolina Supreme Court distinguishes personal goodwill from enterprise goodwill for equitable distribution purposes

The October 7, 2015 Supreme Court opinion in Moore v. Moore , 779 S.E.2d 533 (S.C. 2015), is the first published South Carolina appellate opinion to distinguish personal goodwill from enterprise goodwill for equitable distribution purposes. As this is a frequently recurring issue, the Moore opinion is necessary reading for any family court attorney who handles equitable distributions cases […]

Misvaluing small personal services businesses

A recent unpublished opinion Court of Appeals opinion, Herring-Wilson v. Wilson, highlights a common fallacy in valuing small personal services businesses for purposes of equitable distribution: treating personal goodwill as marital property. The Court of Appeals reversed a finding that Wife’s business had a value of $603,000 and requiring her to pay Husband half that […]

Why it’s a bad idea to leave both spouses on a mortgage after the divorce

Until about a decade ago almost everyone had equity in their home. When home-owning spouses wanted to end their marriage they would either sell their house and divide the equity or one spouse would refinance the home to get the mortgage out of the other spouse’s name and provide that other spouse some of the […]

Court of Appeals affirms custody, property division and fees

Can anyone explain the Court of Appeals’ thought process in what family law decisions it will publish? On April 8, 2015, mere weeks after deigning to publish two TPR reversals that both involved novel legal issues, it published its first family court opinion of 2015 (not counting a revised opinion in Srivastava v. Srivastava, 411 S.C. […]

Refiled opinion in Srivastava makes revisions to equitable distribution ruling

On February 25, 2015 the South Carolina Court of Appeals refiled its opinion in Srivastava v. Srivastava, 411 S.C. 481, 769 S.E.2d 442 (Ct. App. 2015). While the refiled opinion makes minor languages changes to the rationales on issues of child support, attorney’s fees, and condonation/adultery, the major revision was made to its equitable distribution award. In […]

The dangers of dating before divorce (or before a final order of separate maintenance)

People coming out of an unhappy marriage are often eager to begin dating. Yet there are risks in dating before one is divorced.  My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date […]

Court of Appeals continues recent trend of rejecting a family court’s credibility determinations

One portion of this opinion was substantially modified on February 25, 2015: Refiled opinion in Srivastava makes revisions to equitable distribution ruling. The December 23, 2014 Court of Appeals opinion in Srivastava v. Srivastava has an interesting analysis on the ability to pay as a factor in an award of attorney’s fees in family court actions […]