Supreme Court affirms that marital dissolution case survives even if a party doesn’t

Posted Wednesday, August 3rd, 2022 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 August 3, 2022, Supreme Court decision in Seels v. Smalls affirmed that a marital dissolution action survives the death of a party.  In Seels,

Equitably dividing personal injury proceeds

Posted Tuesday, July 26th, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A recurring issue in South Carolina family court is how to “equitably” divide proceeds from personal injury, tort, or Workers’ Compensation claims.  The injured spouse

Pro se appellant creates interesting law on military retirement and jurisdictional challenges

Posted Thursday, May 26th, 2022 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

The May 25, 2022, Court of Appeals opinion in the case of Williams v. Williams, 436 S.C. 550, 873 S.E.2d 785 (Ct.App. 2022), demonstrates the

Fornicating (even baby-making) does not turn jointly titled property into “marital property”

Posted Tuesday, May 24th, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Law and Culture, Of Interest to General Public, South Carolina Specific

I’ve been getting a number of recent calls from people in long-term sexual relationships seeking assistance in dividing up their property.  Sometimes these folks have

Enterprise versus personal goodwill explained through local barbeque joints

Posted Thursday, March 10th, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

The distinction between enterprise goodwill and personal goodwill confuses a number of family law attorneys. But any Charleston area attorney who loves barbeque will probably

An odd place to address pet custody

Posted Wednesday, October 13th, 2021 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

As it currently stands, South Carolina property law does not distinguish pets from livestock–or even inanimate objects. While everyone expects the South Carolina legislature to

Court of Appeals addresses parties’ efforts in its alimony and equitable distribution determination

Posted Thursday, September 30th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 18, 2021, Court of Appeals opinion in Jordan v. Postell, 434 S.C. 510, 864 S.E.2d 558 (Ct. App. 2021), addresses common issues of

South Carolina’s unjust approach to unvested stock options

Posted Tuesday, July 27th, 2021 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

A few days ago a colleague called me to discuss an issue he was mediating, specifically how to apportion unvested stock options. This made me

Subsequently discovered property provisions in equitable distribution agreements

Posted Thursday, June 3rd, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Miscellaneous, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

A provision I occasionally see in equitable distribution agreements addresses subsequently discovered property. These provisions state that if one spouse discovers the other spouse failed

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