Posts Tagged ‘Equitable Distribution/Property Division’

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 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 waiver of any interest in the other’s […]

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 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 into an agreement which provided in part […]

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

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 marriage with a down payment from non marital funds were marital property, divided the marital […]

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 […]

Supreme Court affirms lower courts’ ruling on transmutation of husband’s business

The January 15, 2014 Supreme Court opinion in Pittman v. Pittman, 407 S.C. 141, 754 S.E.2d 501 (2014), affirmed the Court of Appeals and family court’s determination that husband’s premarital surveying business had been transmuted into marital property while modifying the reasoning justifying the decision.  At trial the family court found this business to be transmuted and awarded […]

Reserving alimony when there’s military retirement

One of the quirks of family law is that a veteran’s military retirement is subject to equitable distribution but that veteran’s military disability is not.  South Carolina law treats military retirement as marital property. Tiffault v. Tiffault, 303 S.C. 391, 401 S.E.2d 157 (1991).  However a United States Supreme Court opinion forbids state courts from […]