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?

Posted Tuesday, August 28th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Legislation, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

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) entry of a pendente lite order in a divorce or separate maintenance action….”

Section 20-3-630 would seem to indicate the court can equitable divide property acquired after filing but before the entry of a pendente lite order.  Section 20-3-610 would seem to indicate the court can’t.  Anyone able to reconcile these two statutes?

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