Your South Carolina Divorce Decree: What It Includes and What’s Next

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

Your divorce decree is the family court’s written final order ending your marriage and setting out each spouse’s rights and duties. In South Carolina, the decree is signed by the judge and filed with the Clerk of Court, and you can request a certified copy from the Clerk. Many decrees also require follow-up steps, like retirement orders, deed transfers and beneficiary changes, which do not happen automatically.

What a South Carolina Divorce Decree Usually Includes

Decrees vary with the case, but most contain some version of the following:

• Jurisdiction and residency findings. That the court has authority over the case and the residency requirement in S.C. Code § 20-3-30 was met.
• Grounds. The ground on which the divorce is granted, such as one year of continuous separation under S.C. Code § 20-3-10 (see Title 20, Chapter 3).
• Reconciliation finding. A statement that efforts at reconciliation failed, as § 20-3-90 requires (except in default cases).
• Approval of an agreement. If the spouses settled, a finding that the agreement is fair and entered voluntarily, and approval of its terms.
• Property and debt division. Who receives each asset, who pays each debt, and transfer deadlines.
• Alimony. Whether alimony is awarded or waived, its type, amount and end date, and whether it is modifiable.
• Children. Custody, the parenting plan, child support, health insurance and uncovered expenses.
• Name. If requested, permission to resume a former name under § 20-3-180.
• Attorney fees. Whether either spouse must contribute to the other’s fees.

Read the entire decree as soon as you receive it. Make a list of every action item, the person responsible and the deadline.

When Is Your Divorce Final?

The judge may announce the ruling at the hearing, but the divorce is put into effect by the written order the judge signs and the Clerk files. Ask your attorney to confirm the date your decree was filed, because it matters for taxes, insurance, remarriage and deadlines.

Post-trial deadlines start from written notice of entry of the order. A motion to alter or amend under SCRCP Rule 59(e) must be served within 20 days after receiving written notice of entry (the limit was 10 days until an April 2026 rule amendment), and a notice of appeal must be served within 30 days (SCACR Rule 203(b)). A timely Rule 59(e) motion stays the appeal clock. If you disagree with a contested ruling, read can you appeal a divorce decree in South Carolina right away.

Getting a Certified Copy

A certified copy carries the Clerk of Court’s seal and is what banks, plan administrators, the Social Security Administration and other agencies usually ask for. To get one:

1. Contact the Clerk of Court in the county where the divorce was granted.
2. Give the case caption and docket number.
3. Ask about the copy fee and how to pay it.
4. Request several certified copies if you will be updating many accounts at once.

Follow-Through Checklist

Retirement accounts and pensions

Dividing an employer retirement plan usually requires a separate order. For most private employer plans covered by ERISA, that is a qualified domestic relations order (QDRO), which the plan administrator must accept before it divides the account. Government plans use their own order types, such as orders for the South Carolina Retirement Systems, federal OPM orders, TSP retirement benefits court orders, and military retired pay orders under federal law.

Do not wait. Delays can create problems if the employee spouse retires, takes a loan or dies before the order is in place. See QDROs in South Carolina divorce.

Real estate

If one spouse keeps the house, a deed must usually be signed and recorded with the county Register of Deeds. A deed does not remove anyone from the mortgage. The spouse keeping the house typically has to refinance or assume the loan. Our guide to removing a spouse from the mortgage and deed walks through it.

Vehicles, accounts and debts

• Transfer vehicle titles through the SC Department of Motor Vehicles.
• Close or retitle joint bank and investment accounts.
• Close joint credit cards or remove authorized users, and monitor your credit report.

Your name

If the decree restores a former name, start with the Social Security Administration, then update your driver’s license, passport, bank accounts and employer records. Bring a certified copy of the decree. See changing your name after a divorce in South Carolina.

Beneficiaries and estate plan

South Carolina’s S.C. Code § 62-2-507, effective since January 1, 2014, generally revokes beneficiary designations and fiduciary nominations in favor of a former spouse in governing instruments upon divorce. But that statute does not reach most employer plans governed by ERISA, where the plan documents control. The safest course is to update every beneficiary form yourself: life insurance, retirement plans, bank accounts with payable-on-death designations, and investment accounts.

Also update your will, powers of attorney and health care directives. Read updating your estate plan after divorce.

Health insurance

If you were covered on your spouse’s employer plan, coverage may end with the divorce. Federal COBRA rules may let a divorced spouse continue group coverage for up to 36 months, generally for employers with 20 or more employees. Ask the plan about deadlines and smaller-employer options.

Taxes

Your filing status for the year depends on your marital status at the end of the year. For divorce instruments executed after December 31, 2018, alimony is not deductible by the payer or taxable to the recipient. Talk to a tax professional about your first return after the divorce.

When Your Ex Does Not Follow the Decree

If your former spouse does not sign a deed, pay support or cooperate with a QDRO, the family court can generally enforce the decree, often through contempt proceedings. Read what to do when your ex ignores the divorce decree.

For other topics, return to the South Carolina Divorce Guide.

Frequently Asked Questions

How do I get a copy of my divorce decree in South Carolina?

Contact the Clerk of Court in the county where the divorce was granted and request a certified copy. The Clerk may charge a copy fee.

Does my divorce decree automatically divide my 401(k)?

Usually not. Most employer plans need a separate qualified domestic relations order that the plan administrator approves.

Does divorce remove my ex as beneficiary in South Carolina?

S.C. Code § 62-2-507 generally revokes designations to a former spouse, but it does not reach most ERISA plans. Update every beneficiary form yourself.

Does the decree take my ex off the mortgage?

No. A decree can assign the debt, but the lender is not bound by it. Refinancing or a lender-approved release is usually needed.

How long do I have to appeal a South Carolina divorce decree?

A notice of appeal is due within 30 days after receiving written notice of entry of the order. A timely Rule 59(e) motion, now due within 20 days, stays that clock.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce)
• S.C. Code Title 62, Chapter 2 (§ 62-2-507, revocation upon divorce)
• SCRCP Rule 59 (New Trials; Amendment of Judgments)
• S.C. Supreme Court Order 2026-04-30-01 (SCRCP amendments effective April 30, 2026)
• SCACR Rule 203 (Notice of Appeal)
• U.S. Department of Labor, COBRA Continuation Coverage
• IRS Publication 504, Divorced or Separated Individuals