Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
In a South Carolina divorce you will usually need several years of tax returns, recent pay stubs, statements for every bank, retirement and credit account, records of your home and vehicles, and a full list of debts. These records feed the sworn financial declaration (Form SCCA 430) that each spouse must file, and they are what the other side will ask for in discovery. Starting early lets you find gaps before a deadline does.
Why records matter so much
South Carolina divides marital property by “equitable apportionment,” which means the judge weighs a list of factors in S.C. Code § 20-3-620 rather than splitting everything automatically. Alimony and child support also turn on income and expenses. The judge can only weigh what is proven, so your paperwork becomes your evidence.
Records help in three ways:
- They let you complete the financial declaration accurately and on time.
- They show what is marital property and what may be nonmarital (for example, an inheritance).
- They help you and your lawyer spot missing money or accounts you did not know about.
The SCCA 430 financial declaration
Under South Carolina Family Court Rule 20, each party must file and serve a current financial declaration on the Supreme Court’s form, SCCA 430. It is due by the first hearing or within 45 days of service, whichever comes first, and the court can impose sanctions for not complying. The form asks for your income, monthly expenses, assets and debts, and you sign it under oath.
Because it is sworn, guesses can cause problems later. If your numbers change, you may need to update the form. Our guide to the South Carolina financial declaration explains each section.
Income records
- Federal and state income tax returns for several recent years, with all schedules and W-2s, 1099s and K-1s
- Pay stubs for the current year, including the most recent year-to-date stub
- Records of bonuses, commissions, overtime and stock awards
- Unemployment, disability, Social Security or pension income statements
- Rental income records and leases
- Side income from gig work or cash jobs
If you do not have past returns, you can request transcripts from the IRS. If your spouse handled the taxes, a copy of the joint return is often the most useful single map of the family’s finances.
Bank and cash accounts
- Monthly statements for checking, savings and money market accounts, going back as far as your lawyer recommends
- Payment app histories (for example, Venmo, PayPal, Cash App or Zelle)
- Certificates of deposit and safe deposit box contents
- Records of any accounts in children’s names
Statements show patterns. For example, a spouse who notices regular transfers to an unfamiliar account may want to bring that to a lawyer’s attention.
Retirement and investment accounts
- 401(k), 403(b), 457 and IRA statements, including the statement closest to your wedding date if you can find it
- Pension benefit statements and plan summaries
- South Carolina state retirement (SCRS or PORS) statements
- Federal retirement (FERS, CSRS) and Thrift Savings Plan statements
- Military retirement records, if either spouse served
- Brokerage statements, stock option and restricted stock records
- Cryptocurrency exchange and wallet records
Vested retirement benefits are one of the factors the court considers. Older statements matter because money saved before the marriage may be nonmarital. Retirement accounts are usually divided by a special court order, which is covered in our article on dividing 401(k)s, pensions and IRAs.
Real estate and personal property
- Deeds, closing statements and mortgage statements for your home and any other real estate
- Home equity loan or line of credit statements
- Property tax bills and any recent appraisals
- Vehicle, boat and trailer titles and loan statements
- Photos or a list of valuable items such as jewelry, art, firearms and collections
Debts
Debts are part of the picture too. The court considers liens, encumbrances and debts when dividing property.
- Credit card statements for every card in either name
- Student loans, car loans and personal loans
- Medical bills and payment plans
- Tax debts or IRS notices
- Your credit report, which can reveal accounts you did not know about
Business records
If either spouse owns all or part of a business or practice, expect a closer look at its finances. Useful records include:
- Business tax returns for several years
- Profit and loss statements and balance sheets
- General ledgers and bank statements
- Operating agreements, partnership agreements and buy-sell agreements
- Payroll records and owner draws or distributions
- Any prior valuations or loan applications
Personal expenses paid through a business can affect what income is available for support. See our page on business valuation.
Insurance and benefits
- Health insurance cards and plan information
- Life insurance policies, including any cash value statements
- Employer benefit summaries (health, dental, life, disability)
- Home and auto insurance declarations pages
Records about nonmarital property
Under S.C. Code § 20-3-630, property acquired before the marriage, and inheritances or gifts from third parties, may be nonmarital. You generally have to prove it. Helpful records include:
- Statements showing account balances on or near your wedding date
- Wills, estate distribution letters or probate records for inheritances
- Gift letters or cards showing a gift came from a parent or other third party
- Records tracing where that money went, such as a deposit into a separate account
- Any prenuptial or postnuptial agreement
Nonmarital money mixed into joint accounts can sometimes become marital, so tracing records are important.
Monthly expense records
The financial declaration asks for your monthly expenses. Gather a few months of bills and receipts for housing, utilities, groceries, transportation, insurance, childcare, school costs, medical expenses and activities. Real numbers are more persuasive than estimates.
Discovery: when your spouse has the records
If your spouse controls the paperwork, South Carolina’s civil procedure rules allow formal discovery. That includes written questions (interrogatories), requests for documents, depositions and subpoenas to banks or employers. Learn more in Discovery in a South Carolina Divorce and our page on hidden assets.
How to organize what you gather
- Make a folder (paper or digital) for each category above.
- Label each document with the account name and date range.
- Keep copies, not originals, in a place only you can reach.
- Write a one-page summary listing every account, the owner and the approximate balance.
- Note gaps so your lawyer can request what is missing.
Only gather records you have a lawful right to access. Do not log into your spouse’s private email or accounts without permission. Ask a lawyer if you are unsure.
For the full roadmap, see our South Carolina Divorce Guide.
Frequently Asked Questions
How many years of tax returns do I need for a divorce?
Plan on several recent years, but the right number depends on your case. Self-employment, business ownership or big changes in income may call for more, so ask your lawyer.
What is Form SCCA 430?
It is the South Carolina financial declaration. Under Family Court Rule 20, each spouse files and serves one by the first hearing or within 45 days of service, whichever comes first. It is signed under oath.
What if my spouse has all the financial records?
Your lawyer can use formal discovery, including interrogatories, document requests, depositions and subpoenas, to get records from your spouse or from banks and employers.
Can I copy my spouse’s financial documents?
Copying records you already have lawful access to, such as joint statements in the home, is usually different from logging into your spouse’s private accounts. Ask a lawyer before accessing anything that is password protected or in your spouse’s name only.
Do I need records from before we got married?
They can help. Statements from around your wedding date may show that part of an account was nonmarital property, which the court cannot divide.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce, alimony and property)
- South Carolina Judicial Branch: Court Rules (Family Court Rules, SCRCP, ADR Rules)
- South Carolina Judicial Branch: Forms (including SCCA 430 Financial Declaration)
- IRS Publication 504, Divorced or Separated Individuals
Talk to Warner Law about your situation. If you are not sure which records matter most in your case, a lawyer can help you prioritize. Warner Law’s office is at 1405 Calhoun Street in Columbia. Call (803) 692-1072 or request a consultation.
This article is general information about South Carolina law, not legal advice for your case. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
