Reserving alimony when there’s military retirement
Posted Friday, November 22nd, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
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.
Posted Monday, July 1st, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The June 26, 2013 Court of Appeals opinion in Simpson v. Simpson, 404 S.C. 563, 746 S.E.2d 54 (Ct. App. 2013), provides quite useful guidance as
Supreme Court reconsiders equitable distribution of marital home
Posted Wednesday, May 8th, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In a May 8, 2013 substituted opinion in Wilburn v. Wilburn, 403 S.C. 372, 743 S.E.2d 734 (2013), the South Carolina Supreme Court made minor modifications to
Pre-trial order settling “personal property” precludes equitable distribution of retirement accounts
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
I’ve had a few cases in which the issue of what constitutes “personal property” has been the subject of debate. The understanding of the typical
Posted Wednesday, March 6th, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The March 6, 2013 Court of Appeals opinion in Barber v. Barber, 402 S.C. 96, 738 S.E.2d 845 (Ct. App. 2013), clarifies a narrow but frequently
Supreme Court alters equitable distribution award and reverses reservation of alimony
Posted Thursday, February 21st, 2013 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
N.B., on May 8, 2013, the South Carolina Supreme Court slightly modified its original opinion. For more information read Supreme Court reconsiders equitable distribution of marital
What becomes of a transmuted waterfront lot?
Posted Wednesday, February 20th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In my almost four years of blogging about every reported South Carolina appellate decision from family court and over fifteen years of handling family law
Does equitable distribution case law overvalue retirement accounts?
Posted Thursday, January 10th, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Individual Retirement Accounts (IRA) and 401k account assets are not as valuable as an equivalent amount of cash. With some exceptions there is a 10%
Equitable distribution when spouses rarely lived together
Posted Wednesday, December 5th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The December 5, 2012 Court of Appeals opinion in Jenkins v. Jenkins, 401 S.C. 191, 736 S.E.2d 392 (Ct. App. 2012) addresses, without providing guidance, the interesting
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 §
