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Tag Archives: Equitable Distribution

Domestic Relations — Divorce – Equitable Distribution – Child Custody – Attorney’s Fees – Guardian Ad Litem Fees (access required)

Brown v. Brown (Lawyers Weekly No. 011-038-15, 14 pp.) (H. Bruce Williams, J.) Appealed from Pickens County Family Court (Alex Kinlaw Jr., J.) S.C. App. Holding: Appellant-husband argues that his far greater financial contributions to the marital assets and the ...

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Domestic Relations – Equitable Distribution – Valuation – Parent & Child – Custody & Support (access required)

Buist v. Buist The family court did not identify all the parties’ marital property but instead selectively divided certain real and personal property without determining the fair market value of all the property. The family court also failed to determine the direct and indirect contributions of the parties to the acquisition of the marital property. The record does not indicate a value of the marital estate or the fairness of the overall apportionment.

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Domestic Relations – Parent & Child – Custody & Visitation – Relocation – Equitable Distribution – Marital Debts (access required)

Bernson v. Bernson Although the family court’s supplemental order indicated that the defendant-wife agreed not to move the parties’ child out of state without the plaintiff-husband’s consent, the wife may, without the husband’s consent, move with the child out of South Carolina if she obtains an order from the family court allowing the relocation.

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Domestic Relations – Equitable Distribution – Distributive Award – Alimony – Parties’ Incomes (access required)

Way v. Way The parties’ marital estate was comprised mainly of debt; in fact, the marital home was so encumbered by mortgages that it had a negative value. The most substantial positively valued assets were the parties’ vehicles: the husband’s truck was valued at $1,885 and the wife’s car was valued at either $4,590 or $5,100.

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Domestic Relations – Alimony – Social Security Eligibility – Equitable Distribution – Economic Contributions – Length of Marriage (access required)

Crossland v. Crossland Although the defendant-wife testified at the divorce hearing that she was eligible for Social Security benefits but had not applied for them, there is no evidence in the record that the family court considered the wife’s eligibility for Social Security benefits when it decided to award her alimony of $958.50 per month.

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Domestic Relations – Equitable Distribution – Classification — Inheritance – Commingled – Valuation Date (access required)

Sanders v. Sanders Where the plaintiff-wife placed her inheritance into an account that she used to pay marital expenses, this evidence supports the trial court’s conclusion that the wife’s inheritance was transmuted into marital property. We affirm the trial court’s inclusion of the wife’s AG Edwards account as a marital asset, the valuation of the marital residence, and the equal division of the parties’ marital assets. We reverse and remand the trial court’s use of different dates for valuing the parties’ retirement accounts. We also remand for further proceedings regarding the disposition of items 178-237 on the wife’s Schedule A.

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