Posts Tagged ‘Equitable Distribution/Property Division’

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Unpublished Supreme Court opinion in Conits demonstrates the effect of de novo standard of review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 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 their interest in various assets and debts, including real […]

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, 833 S.E.2d 274 (S.C. 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 able, Wife shall […]

May approves reformation of a court-approved equitable distribution agreement based upon an alleged mutual mistake

The July 24, 2019 Court of Appeals opinion in May v. May, 833 S.E.2d 78 (S.C. App. 2019), upheld the family court’s reformation of a court-approved separation agreement based upon the mediator’s scrivener’s error and an alleged mutual mistake. In May, the parties entered a separation agreement drafted by the mediator. In a provision dealing […]

Hagood opinion establishes important points on transmutation and alimony

The July 17, 2019 Court of Appeals opinion in Hagood v. Hagood, 427 S.C. 642, 832 S.E.2d 609 (Ct. App, 2019), establishes important points on transmutation and alimony. It is one of the rare published opinions to reject a transmutation claim while finding a special equity interest. It is the first published opinion in twenty […]

Court of Appeals slightly revises opinion in Brown v. Odom

On January 9, 2019 the South Carolina Court of Appeals released a slightly revised opinion in Brown v. Odom, 245 S.C. 420, 823 S.E.2d 183 (Ct. App. 2018). Normally I would discuss the changes to a substituted published opinion. However, here the substituted opinion contains no new legal analysis and simply makes small but frequent […]

 

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