Divorce After a Short Marriage in South Carolina

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

A short marriage is ended the same way as any other South Carolina marriage: with a divorce on one of the five statutory grounds, or in limited cases an annulment. There is no special fast track or minimum length of marriage. What a short marriage often changes is the money: there may be less marital property to divide, a stronger case for returning premarital assets, and a different alimony picture.

Divorce or Annulment?

Many people married a short time ask about annulment first. An annulment is a court finding that the marriage was void or voidable from the start. South Carolina family courts can annul marriages in limited situations, for example bigamy, an underage marriage without required consent, lack of capacity, or a marriage that was never consummated where the parties did not live together.

A short marriage, regret, or incompatibility alone is generally not a basis for annulment. If none of the annulment grounds fit, you need a divorce. Our guide to annulment in South Carolina explains the differences.

Grounds and Timing

The grounds for divorce under S.C. Code § 20-3-10 are adultery, desertion for one year, physical cruelty, habitual drunkenness (including from narcotic drug use), and living separate and apart without cohabitation for one year. Only the last one is no-fault.

The length of the marriage does not shorten these timelines. For example, a couple married eight months who separate today generally cannot get a no-fault divorce until they have lived apart for a full year. A fault-based divorce can be filed sooner, but the final decree cannot be entered until at least three months after filing, and fault grounds must be proven. See the one-year separation rule for details.

While you wait, the court can still address urgent issues. A party can ask for temporary orders on support, the home and debts, or file an action for separate maintenance and support.

Alimony After a Short Marriage

South Carolina has no rule that bars alimony after a short marriage, and no formula that sets it. The court weighs the 13 factors in S.C. Code § 20-3-130(C). Duration of the marriage and the spouses’ ages are the first factor, and courts often consider a short marriage in deciding whether alimony is appropriate and what form it should take. Other factors still matter, including health, earning capacity, the standard of living during the marriage, and marital misconduct.

Two forms of alimony can be especially relevant after a brief marriage:

• Rehabilitative alimony supports a spouse for a period while they gain training or work experience to become self-supporting. It ends on remarriage, continued cohabitation, death, or a specified event.
• Reimbursement alimony may compensate a spouse for contributions such as supporting the other through school. It ends on remarriage, continued cohabitation or death, and is not modifiable for changed circumstances.

Adultery before a signed settlement agreement or permanent order bars the adulterous spouse from receiving alimony under § 20-3-130(A). For more, see types of alimony.

Getting Back What You Brought Into the Marriage

In a short marriage, much of what each spouse owns may have been owned before the wedding. Under S.C. Code § 20-3-630(A), nonmarital property generally includes:

• Property acquired before the marriage.
• Inheritances and gifts from third parties.
• Property acquired in exchange for nonmarital property.
• Property excluded by a valid written agreement, such as a prenuptial agreement.
• Increases in value of nonmarital property, except to the extent the increase resulted from the other spouse’s efforts during the marriage.

The court cannot divide nonmarital property. But two things can blur the line.

Tracing

You generally need to show where an asset came from. If you sold a premarital car and used the money for a down payment, records connecting the two help. Gather statements from before the marriage, closing documents and account histories.

Transmutation and Commingling

Premarital property can become marital when it is mixed with marital funds or treated as shared. Common examples: retitling a premarital house into both names, depositing premarital savings into a joint account used for household bills, or using marital earnings to pay down a premarital mortgage. Gifts between spouses are marital property under the statute, even if given during a short marriage. See transmutation of marital assets.

Wedding Costs, Rings and Gifts

Couples in short marriages often argue over wedding gifts, rings, and debts from the wedding or honeymoon. How these are treated depends on who gave the gift, to whom, and when it was given, plus how debts were titled and used. Write down who gave what and keep receipts and statements. Courts look at the facts rather than any single rule.

Retirement and Social Security

Retirement contributions made during even a brief marriage are generally marital property, while balances that existed before the wedding are generally not. Statements from around the wedding date help separate the two. Divorced-spouse Social Security benefits require a marriage of at least 10 years, so they generally do not apply after a short marriage.

Faster, Lower-Cost Ways to Resolve the Case

Short marriages with few shared assets are often good candidates for settlement:

• Negotiated settlement. A written agreement can resolve property, debts and support. The court reviews and approves it.
• Mediation. Required in most contested cases in South Carolina, and often useful before positions harden.
• Self-help forms. The South Carolina Judicial Branch publishes forms for simple divorces based on one year of separation with no children and no property or debt to divide. They are not designed for cases with disputes. See divorce without a lawyer.

Checklist

1. Confirm whether any annulment ground applies.
2. Note your date of separation and keep evidence of it.
3. List what each spouse owned on the wedding day, with records.
4. List what was bought or borrowed during the marriage and how it was paid for.
5. Find any prenuptial or postnuptial agreement.
6. Gather pay stubs and a monthly budget in case support is disputed.

For the full process, see the South Carolina Divorce Guide.

Frequently Asked Questions

Can I get an annulment because the marriage was short?

Generally no. Annulment requires a specific defect, such as bigamy or lack of capacity. A short marriage alone is usually ended by divorce.

Is there a minimum marriage length for alimony in South Carolina?

No. There is no minimum length and no formula. Duration of the marriage is one of 13 factors the court weighs.

Do I still have to wait a year for a no-fault divorce?

Yes. The no-fault ground requires one year of living separate and apart, no matter how long the marriage lasted.

Will I keep property I owned before the marriage?

Property owned before the marriage is generally nonmarital, but it can become marital if it was commingled or treated as shared. Records showing its source help.

Are gifts my spouse gave me during the marriage mine to keep?

Gifts between spouses are generally marital property under South Carolina law, so they may be divided.

Sources

• S.C. Code Title 20, Chapter 3 (grounds, alimony, marital property)
• South Carolina Judicial Branch: Self-help resources