Experienced South Carolina Property Division Attorneys

Skilled South Carolina Property Division Lawyers

As the song says, breaking up is hard to do. Part of the difficulty of divorce is dividing up everything you worked so hard to earn. The marital estate is everything you acquired during the marriage — including the family home, cars, and retirement accounts. Under South Carolina law, liabilities, such as credit card debt, mortgages and loans, must be divided equitably, or fairly, as well.

If you are considering divorce, contact a lawyer at the Law Office of Richard J. Breibart, LLC, in Lexington, South Carolina. We can meet with you in a free, initial consultation to explain divorce in South Carolina, including grounds for divorce child custody and spousal support and alimony concerns.

We can help you protect your rights in property division, whether that is through litigation, mediation support and divorce arbitration counsel.

Property Division After Divorce

All assets and liabilities acquired during the marriage must be equitably, or fairly, divided, depending on several factors, including:

• The age and health status of each spouse
• Income of each spouse
• Contribution of each spouse toward the marital estate
• Ability to earn a living going forward
• Value of property and retirement accounts, including 401(k)s and IRAs

Division of Retirement Account

Retirement accounts are valuable assets in property division. We work with CPAs to value the accounts. Only monies added to the account or accrued during the marriage are subject to division. An experienced divorce lawyer can look out for your best interests, and help you find an excellent tax advisor.

Protecting Your Interests

We look out for your bottom line. If you are offered a portion of your former spouse's 401(k), for example, the transaction is not taxable. If you need to take money out of the account before age 59-1/2, however, you will pay substantial penalties for early withdrawal. There are often other options for clients if they do not wish to accept their share of the retirement account.

Property acquired before the marriage or by inheritance during the marriage is usually exempt as long as you can prove the asset is separate from the marital estate.

In property division, the length of the marriage is important. The court considers the value of homemaking and child-rearing services in dividing assets, as well as marital misconduct such as child abuse, drug use or visiting a prostitute.

Consult the Law Office of Richard J. Breibart, LLC

Our attorneys provide free, in-person consultation, and we are available by appointment in the early mornings, evenings and weekends for your convenience. Call us locally at 803-753-1834 or toll-free at 866-645-8743, or send us an e-mail for a prompt response.