(A) The term "marital property" as used in this article means all real and personal property which has been acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation as provided in Section 20-3-620 regardless of how legal title is held, except the following, which constitute nonmarital property:
(1) property acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse;
(2) property acquired by either party before the marriage and property acquired after the happening of the earliest of:
(a) entry of a pendente lite order in a divorce or separate maintenance action;
(b) formal signing of a written property or marital settlement agreement; or
(c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;
(3) property acquired by either party in exchange for property described in items (1) and (2) of this section;
(4) property excluded by written contract of the parties. "Written contract" includes any antenuptial agreement of the parties which must be considered presumptively fair and equitable so long as it was voluntarily executed with both parties separately represented by counsel and pursuant to the full financial disclosure to each other that is mandated by the rules of the family court as to income, debts, and assets;
(5) any increase in value in nonmarital property, except to the extent that the increase resulted directly or indirectly from efforts of the other spouse during marriage.
Interspousal gifts of property, including gifts of property from one spouse to the other made indirectly by way of a third party, are marital property which is subject to division.
(B) The court does not have jurisdiction or authority to apportion nonmarital property.
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-473.
Structure South Carolina Code of Laws
Section 20-3-10. Grounds for divorce.
Section 20-3-20. Effect of collusion.
Section 20-3-30. Residence requirement.
Section 20-3-40. Married person deemed of age.
Section 20-3-50. Jurisdiction of actions for divorce.
Section 20-3-70. Service of summons on nonresident.
Section 20-3-80. Required delays before reference and final decree; exceptions.
Section 20-3-90. Attempt at reconciliation.
Section 20-3-100. Attempt at reconciliation when one party is in armed forces overseas.
Section 20-3-110. Injunctions incident to divorce suits.
Section 20-3-120. Alimony and suit money.
Section 20-3-125. Petition to enforce award of attorney fee.
Section 20-3-130. Award of alimony and other allowances.
Section 20-3-135. Spousal support obligation when marriage declared void due to fraud.
Section 20-3-145. Attorney fee to constitute lien; payment to estate.
Section 20-3-160. Care, custody, and maintenance of children.
Section 20-3-180. Change of name after divorce or separation.
Section 20-3-190. Divorced wife barred of dower.
Section 20-3-200. Divorce shall not render children illegitimate.
Section 20-3-210. Unlawful advertising for purpose of procuring divorce.
Section 20-3-220. Unlawful advertising for purpose of procuring divorce; penalty.
Section 20-3-410. Short title.
Section 20-3-420. Nonresident divorce shall be void if parties were domiciled here.
Section 20-3-430. Prima facie evidence of domicile.
Section 20-3-440. Construction.
Section 20-3-610. Spousal equity and ownership rights.
Section 20-3-620. Apportionment factors.
Section 20-3-630. Marital property; nonmarital property.
Section 20-3-640. Declining values of contributions.
Section 20-3-650. Sequestration of property.
Section 20-3-660. Court's authority to achieve equitable apportionment.
Section 20-3-670. Notice of pendency of action.
Section 20-3-680. Form of transcript of judgment.
Section 20-3-690. Subject matter jurisdiction over contracts.