Posts Tagged ‘Equitable Distribution/Property Division’

Closely divided Supreme Court approves marketability and lack of control discount to family-owed business

In a May 13, 2020 opinion in Clark v. Clark, a closely divided South Carolina Supreme Court approves both a marketability and lack of control discount to a business in which Husband ultimately owned a 100% interest. While the majority holds that such discounts are to be applied on a “case-by-case basis,” it is hard […]

Supreme Court holds Rule 60(a), SCRCP, motion is proper procedure to correct potential scrivener’s error in court-approved equitable distribution agreement

The May 13, 2020, Supreme Court opinion in Landry v. Landry addresses the proper procedure to correct a potential scrivener’s error in a court-approved equitable distribution agreement, In Landry, on the morning of their contested divorce trial, the parties reached an agreement resolving all issues but the divorce (which, under South Carolina law, cannot be […]

Pet custody

Local family law attorney Tosha Jean Kotz has an excellent article, “Dogs & Divorce,” in the most recent SC Lawyer magazine. The article briefly discusses the history of how the law has treated animals before thoroughly examining recent state statutes and case law (none of which is from South Carolina) on how to treat pets […]

Marital property as lump sum alimony

There are occasionally cases in which a spouse who would typically pay significant permanent periodic alimony as part of a marital dissolution has destroyed his career around the time of the parties’ separation. Often this career destruction was the cause of the marital dissolution: a spouse charged with a crime that leaves him incarcerated or […]

Unpublished Supreme Court opinion in Conits demonstrates the effect of de novo standard of review

Last week I blogged about how the Supreme Court’s decisions in Lewis and Stoney–mandating a de novo standard of appellate review of family court factual findings–was making it more worthwhile to appeal family court orders. I noted last month’s oral argument in Conits v. Conits as an example of how this less deferential standard of […]

In Thornton, Court of Appeals mostly affirms decisions on equitable distribution and fees

The October 23, 2019, Court of Appeals opinion in Thornton v. Thornton mostly affirms the family court’s decision on issues of equitable distribution and fees. In Thornton, Husband filed for an adultery divorce after he became suspicions of Wife’s relationship with a co-worker. Custody was highly contested and required the services of a guardian ad […]

Nelson demonstrates the problems of inaccurate or incomplete financial disclosure when resolving equitable distribution

The August 21, 2019 Court of Appeals opinion in Nelson v. Nelson, 428 S.C. 152, 833 S.E.2d 432 (Ct. App. 2019), demonstrates the problems of inaccurate or incomplete financial disclosure when resolving equitable distribution issues. In Nelson both parties, but especially Husband, went to trial with incomplete or inaccurate information regarding the value of and […]

Thompson finds Rule 60(b)(5), SCRCP, does not give family court subject matter jurisdiction to modify equitable distribution

The August 7, 2019 Court of Appeals opinion in Thompson v. Thompson, 428 S.C. 142, 833 S.E.2d 274 (Ct. App. 2019), holds that Rule 60(b)(5), SCRCP, does not give that family court subject matter jurisdiction to modify an equitable distribution order. The Thompsons’ divorce decree approved a separation agreement providing “[a]s soon as she is […]

 

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