Of Interest to Family Court Litigants

August 28th, 2012

Is there a conflict in the equitable distribution statutes on whether property acquired post-filing but before the entry of a temporary order is marital property?

South Carolina Code § 20-3-610 indicates that the marital estate is created “at the time marital litigation is filed or commenced…”  Yet S.C. Code § 20-3-630(A)(2)(a) lists as part of the exclusions from the marital estate, “property acquired by either party before the marriage and property acquired after the happening of the earliest of: (a) […]

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