Is South Carolina a 50/50 Divorce State?

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

No. South Carolina is not a 50/50 or community property state. It uses “equitable apportionment,” which means a family court judge divides marital property in a way the judge finds fair after weighing 15 factors set out by statute. An equal split is often a reasonable starting point in a long marriage where both spouses contributed, but the final division can be equal or unequal depending on the facts.

Community property vs. equitable apportionment

A handful of states follow “community property” rules, which generally treat property earned during the marriage as owned equally by both spouses. South Carolina is not one of them. Here, the court first decides what is marital property, then values it, then divides it using the factors in S.C. Code § 20-3-620(B).

“Equitable” means fair, which is not always the same as equal. For a deeper look at the process, see our page on equitable distribution of marital property.

Is an equal split ever the starting point?

South Carolina appellate courts have said that an equal division is often a reasonable starting point in a long marriage where both spouses contributed, whether through earning income or caring for the home and children. But there is no automatic rule. The judge still has to weigh the statutory factors, and either spouse can argue that the facts call for a different result.

Because every case is different, it is not possible to predict a “typical” percentage. Be wary of anyone who promises one.

Step one: what is marital property?

Only marital property is divided. Under S.C. Code § 20-3-630, marital property generally means property acquired by either spouse during the marriage and owned as of the date the divorce or separate maintenance case is filed. It does not matter whose name is on the title or account.

Some property is nonmarital and is not divided by the court:

• Property acquired before the marriage
• Inheritances and gifts from third parties (someone other than your spouse)
• Property acquired after a temporary order, signed settlement agreement or permanent order, whichever comes first
• Property acquired in exchange for nonmarital property
• Property excluded by a valid written agreement, such as a prenuptial agreement
• Increases in the value of nonmarital property, except to the extent the increase came from the other spouse’s efforts during the marriage

Two common surprises: gifts between spouses are marital property, and nonmarital property can become marital if it is mixed with marital funds or treated as shared (often called “transmutation” or “commingling”). For example, a spouse who deposits an inheritance into a joint account and uses it for family expenses may find it treated as marital. Learn more on our page about marital vs. separate property and in Are Inheritances and Gifts Divided in a South Carolina Divorce?

Step two: the 15 factors

Once marital property is identified and valued, the judge weighs the factors in S.C. Code § 20-3-620(B):

1. The length of the marriage and the ages of the spouses
2. Marital misconduct or fault, if it affected the family’s finances or contributed to the breakup
3. The value of the marital property and each spouse’s contribution to it, including as a homemaker
4. Each spouse’s income, earning potential and opportunity to acquire assets in the future
5. Each spouse’s physical and emotional health
6. Either spouse’s need for more training or education
7. Each spouse’s nonmarital property
8. Vested retirement benefits
9. Any alimony awarded
10. Whether it makes sense to award the family home, or the right to live there, to the spouse with custody
11. Tax consequences of the division
12. Support obligations from a prior marriage or other sources
13. Liens, encumbrances and debts
14. Child custody arrangements and obligations
15. Any other factors the court considers relevant and states in its order

No single factor controls. The judge looks at the whole picture.

Does fault affect property division?

It can. Marital misconduct is one of the 15 factors, but only if it affected the family’s economic circumstances or contributed to the breakup of the marriage. Conduct after a temporary order, a signed settlement agreement or a permanent order is not considered under this factor.

For example, a spouse who spent marital savings on an affair may face an argument that the division should be adjusted. Spending that wastes marital money, sometimes called dissipation, may also be considered. See Wasting Marital Assets: Dissipation in a South Carolina Divorce.

What about debts?

Debts are part of the division too. The court considers liens, encumbrances and debts when deciding a fair split. Marital debts, such as a mortgage, car loans or credit cards used for family expenses, are generally divided along with marital assets. Keep in mind that a court order dividing debts does not change your contract with the lender. If a joint debt is assigned to your spouse and is not paid, the creditor may still pursue you. Read more on our debt division page.

Retirement accounts

The marital portion of retirement accounts and pensions is often among the largest assets. Vested retirement benefits are one of the 15 factors. Employer plans covered by federal law are usually divided by a qualified domestic relations order (QDRO), while state, federal and military retirement plans have their own order types. Our article on QDROs in South Carolina divorce explains the process.

Property division vs. alimony

Property division and alimony are separate issues, but they are connected. The judge considers any alimony award when dividing property, and considers marital and nonmarital property when deciding alimony. A larger share of property does not automatically mean less support, or the other way around.

Can we agree to our own split?

Yes. Spouses can agree on how to divide property and debts, and many do, often through mediation. Mediation is required in most contested South Carolina divorce cases. A written agreement approved by the court becomes part of the final order. Your agreement does not have to be 50/50, but the judge will review it before approving it.

Quick summary

For the bigger picture, visit our South Carolina Divorce Guide.

Frequently Asked Questions

Is South Carolina a community property state?

No. South Carolina uses equitable apportionment. The judge divides marital property fairly after weighing 15 statutory factors, rather than splitting it automatically.

Does the spouse who earned more get more property?

Not automatically. Contributions as a homemaker count, and income and earning potential are only some of the factors the judge weighs.

Is property in my name only safe from division?

Not necessarily. Property acquired during the marriage is generally marital no matter whose name is on it. Property owned before marriage, or inherited or gifted by a third party, may be nonmarital.

Can cheating affect how property is divided?

It can, if the misconduct affected the family’s finances or contributed to the breakup. It is one of 15 factors, not an automatic penalty.

Are debts split 50/50 in South Carolina?

There is no automatic split for debts either. Marital debts are part of the overall equitable division, and the court weighs debts and liens as one of the factors.

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)