Archive for the ‘Equitable Distribution/Property Division’ Category

Supreme Court completely reverses Court of Appeals and reinstates family court’s alimony, property division and attorney fee award

The July 2, 2014 Supreme Court opinion in Crossland v. Crossland completely reverses the prior Court of Appeals opinion and reinstates family court’s alimony, property division and attorney fee award. The family court had awarded Wife permanent periodic alimony. The Court of Appeals remanded the alimony award back to the family court because the family […]

Court of Appeals slightly modifies prior published opinion of Teeter v. Teeter

On May 21, 2014 the Court of Appeals slightly modified its prior published opinion in the case of Teeter v. Teeter.  As near as I can tell the only difference is that, rather than simply awarding Husband an additional $31,751.95 in equitable distribution, it remanded the matter back “to the family court to determine how the […]

Court of Appeals reverses family court determination that prenuptial agreement was unconscionable on equitable distribution

The April 16, 2014 Court of Appeals opinion in Hudson v. Hudson, 408 S.C. 76, 757 S.E.2d 727 (Ct. App. 2014), reversed the family court’s determination that the parties’ prenuptial agreement was unconscionable on the issue of the equitable distribution of Husband’s pre-marital businesses. The prenuptial agreement included a mutual waiver of alimony, as well as a […]

Court of Appeals affirms custody determination despite claim of improper guardian investigation

The April 2, 2014 Court of Appeals opinion in Simcox-Adams v. Adams affirmed the family court’s award of custody to Husband despite Wife’s challenge to the guardian ad litem’s investigation and report.  It also affirmed the family court’s finding that Wife’s inheritance was transmuted into marital property. Wife raised a number of issues regarding the […]

Court of Appeals finds prenuptial agreement only partially limited family court’s jurisdiction

The March 26, 2014 Court of Appeals opinion in Meehan v. Meehan, 407 S.C. 471, 756 S.E.2d 398 (Ct. App. 2014) determined that the Meehans’ prenuptial divested the family court of jurisdiction for some issues but not the issue of attorney’s fees as it related to child custody and support. Prior to their marriage, the Meehans entered […]

The logical but wrong way to divide transmuted property

How to “equitably” divide transmuted property–property that started out as non-marital but through commingling or use become property of the marriage and hence subject to equitable distribution by the court–is one of the most contentious issue in divorce cases.  Often spouses did not even consider their pre-marital or inherited property to be marital but failed […]

Court of Appeals mostly affirms family court’s equitable distribution award

On May 21, 2014 the Court of Appeals slightly modified the opinion in this case. The March 5, 2014 Court of Appeals opinion in Teeter v. Teeter largely affirms the family court’s equitable distribution award (child custody and alimony were resolved before trial by agreement).  The family court determined that properties Husband purchased during the […]

Misunderstanding passive depreciation in equitable distribution

South Carolina family law distinguishes active depreciation or appreciation–changes in value due to the deliberate efforts of one party–from passive depreciation or appreciation–changes in value that do not reflect either spouse’s post date-of-filing efforts.  While the date of filing is typically the date of valuation for equitable distribution of marital assets, the family court has […]