In a South Carolina divorce, one of the most contentious and complex issues is the division of property. While marital assets are typically subject to equitable distribution, non marital property deserves protection from division. If you’re concerned about protecting separate property during your divorce proceedings, our Greenville divorce attorneys provide trusted legal support to ensure your rights are preserved.
Understanding the difference between marital and non marital property is essential. South Carolina divorce laws classify property acquired during the marriage as marital property, while assets acquired prior to the marriage or through inheritance may qualify as non marital. Our law firm helps clients identify, value, and protect their non marital property throughout the divorce process.
What Is Non Marital Property Under South Carolina Law
Non marital property, also referred to as separate property, includes assets that were acquired prior to the marriage, received through inheritance, or gifted solely to one spouse. It can also include property acquired after the couple’s marriage but kept separate through proper documentation. In South Carolina, property division follows the principle of equitable distribution, meaning marital property is divided fairly—but not always equally—between the parties involved.
For property to remain classified as non marital, it must be clearly distinguishable from marital assets. Property that becomes co-mingled with joint accounts, used for marital expenses, or otherwise shared between spouses may lose its separate character and be considered marital property. Our divorce lawyers help clients trace ownership and maintain records to demonstrate which property should remain excluded from the marital estate.
Equitable Distribution and the Division of Marital Assets
South Carolina family courts divide property based on equitable distribution, which involves evaluating various factors to achieve a fair outcome. Courts examine the length of the marriage, the financial situation of each spouse, child custody arrangements, and each spouse’s contribution to the marital estate. Marital property can include real estate, retirement accounts, vehicles, business interests, and any assets acquired during the marriage.
When dividing property, courts will also consider the physical and emotional health of each spouse, the presence of minor children, and whether one spouse supported the other during the marriage. Assets acquired during the marriage are presumed to be marital unless proven otherwise. Property acquired before the marriage, or that was inherited or gifted to one spouse alone, may be protected as non marital property.
If you and your spouse disagree over how to divide assets, our attorneys can help you negotiate a property settlement agreement or represent your interests in family court. We focus on protecting your fair share and ensuring your separate property is not mistakenly classified as part of the marital estate.
How We Help Protect Non Marital Assets
Our legal team works with individuals across Greenville County to document, appraise, and defend non marital property. We gather financial records, trace ownership histories, and work with experts when needed to establish fair market value. Whether you own a family home purchased before the marriage, inherited land, or a business interest acquired prior to the relationship, we will present evidence to show that these assets should not be divided evenly with the other spouse.
We also assist with creating and enforcing marital settlement agreements that clarify ownership and division of property. If you and your spouse reached a prior agreement during your marriage, or as part of separate maintenance, we will ensure the court respects the terms you both accepted.
Our attorneys understand that divorce can affect every aspect of your life—from your home to your finances to your emotional health. That’s why we provide compassionate representation focused on protecting your non marital property and securing a fair division of marital property. We advocate for outcomes that preserve financial independence and honor the contributions of each spouse.
Learn more about Greenville Non Marital Property Protection Lawyer. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Greenville Non Marital Property Protection Lawyer FAQs
What qualifies as non marital property in South Carolina?
Non marital property includes assets acquired before the marriage, gifts or inheritances to one spouse, and property kept separate during the marriage. It must be proven that these assets were not co-mingled with marital assets or used for marital purposes.
Can my spouse claim a share of my property if I owned it before marriage?
In some cases, yes. If property acquired prior to the marriage was used by both spouses or its value increased due to marital efforts, a portion may be considered marital property. Courts look at how the property was used and whether both spouses contributed to its growth.
How does South Carolina handle the division of marital property?
South Carolina uses equitable distribution, meaning courts divide marital property in a way that is fair based on several factors. This includes each spouse’s income, the length of the marriage, physical and emotional health, and contributions to the marital estate.
What should I do to protect my separate property during divorce?
To protect your non marital property, keep financial records, avoid mixing assets with marital funds, and consult a divorce lawyer early. An experienced attorney can help you present evidence in court and negotiate a favorable property settlement agreement.
Is a property settlement agreement enforceable in court?
Yes. If properly executed, a property settlement agreement can define the terms for dividing both marital and non marital assets. The court will review the agreement to ensure it complies with South Carolina divorce laws and was made voluntarily by both parties.
