South Carolina Marital Settlement Agreement
A South Carolina marital settlement agreement lets divorcing spouses divide their marital property by equitable distribution, set alimony, and address custody and child support, then ask the family court to approve the terms and incorporate them into the final divorce decree. Attorney review available.
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Introduction
In South Carolina approval is not automatic: the family court reviews a marital settlement agreement for fairness and voluntariness before approving it, and that agreement is the written contract divorcing spouses use to settle their property, debts, alimony, and (by reference) custody and child support, so the terms can be incorporated into the decree that ends the marriage. South Carolina is an equitable distribution state: the family court makes a final equitable apportionment of the marital property (S.C. Code 20-3-620), meaning a division that is fair but not necessarily equal, and marital property is the real and personal property the spouses acquired during the marriage and owned when the litigation began (S.C. Code 20-3-630). A South Carolina marital settlement agreement lets you propose that division yourselves rather than leaving it to the court. South Carolina has no statewide formula for alimony; the family court weighs the factors in S.C. Code 20-3-130 and may award periodic, lump-sum, rehabilitative, or reimbursement alimony, or none. Custody and child support follow the state child support guidelines, which carry a rebuttable presumption of the correct amount (S.C. Code 63-17-470), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Approval is not automatic: the family court reviews the agreement for fairness and voluntariness, then approves it and incorporates it into the final decree. DocDraft builds your South Carolina marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In South Carolina the family court may award periodic, lump-sum, rehabilitative, or reimbursement alimony, and a South Carolina marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, alimony, and by reference custody and child support, so those terms can be incorporated into the decree that ends the marriage.
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South Carolina is an equitable distribution state: the family court makes a final equitable apportionment of the marital property (S.C. Code 20-3-620), which means a division that is fair but not necessarily equal, not an automatic 50/50 split.
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Marital property in South Carolina is the real and personal property the spouses acquired during the marriage and owned when the litigation begins (S.C. Code 20-3-630); property owned before the marriage or received by gift or inheritance is generally nonmarital.
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A South Carolina marital settlement agreement lets the spouses propose how to divide their marital property and debts, so the family court can adopt the division they agree on instead of apportioning the estate factor by factor under S.C. Code 20-3-620(B).
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South Carolina has no statewide formula for alimony. The family court weighs the factors in S.C. Code 20-3-130 and may award periodic, lump-sum, rehabilitative, or reimbursement alimony, separate maintenance and support, or none at all.
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Child support follows the South Carolina child support guidelines, which carry a rebuttable presumption of the correct amount (S.C. Code 63-17-470). Custody and child support stay subject to court approval and remain modifiable in the best interests of the children and cannot be bargained away.
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Approval is not automatic. The South Carolina family court reviews the agreement to confirm it is fair and was signed freely, and only then approves it and incorporates it into the final decree of divorce, keeping broad review to protect any minor children.
Key decisions before you file
Before you file a Marital Settlement Agreement in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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South Carolina Requirements for Marital Settlement Agreement
Equitable Distribution of Marital Property
South Carolina is an equitable distribution state. The family court makes a final equitable apportionment of the marital property (S.C. Code 20-3-620), which means a division that is fair but not necessarily equal, and never an automatic 50/50 split.
Definition of Marital Property
Marital property is the real and personal property the spouses acquired during the marriage and owned when the litigation begins (S.C. Code 20-3-630). Property owned before the marriage or received by gift or inheritance is generally nonmarital.
Apportionment Factors
S.C. Code 20-3-620 lists fifteen factors the family court weighs to apportion marital property, including the duration of the marriage, marital fault, the value of the property, and each contribution by the parties. A South Carolina marital settlement agreement lets you propose the division instead.
No Statewide Alimony Formula
South Carolina has no statewide formula for alimony. The family court weighs the factors in S.C. Code 20-3-130 to decide whether to award alimony and, if so, the amount and duration on a case by case basis.
Forms of Alimony
S.C. Code 20-3-130 recognizes several forms of spousal support: periodic, lump-sum, rehabilitative, and reimbursement alimony, separate maintenance and support, and other just forms. The parties can propose alimony terms in the agreement, subject to court review.
Child Support Follows the Guidelines
Child support follows the South Carolina child support guidelines, which carry a rebuttable presumption of the correct amount (S.C. Code 63-17-470). The family court keeps an independent duty to confirm the amount is in the best interests of the children.
Custody and Child Support Stay Court Approved
Custody and child support terms in a South Carolina marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms cannot be bargained away the way a property division can be settled.
Family Court Approval and Incorporation
Approval is not automatic. The South Carolina family court reviews the agreement for fairness and voluntariness, and only then approves it and incorporates it into the final decree of divorce, keeping broad review to protect any minor children.