Fort Mill Equitable Division and Marriage Length

During a divorce, the court likes to divide property equitable. This does not mean equally. It means fairly. Thus, fort mill equitable division does not have to be fifty-fifty. This also lets a court look at factors such as the length of a marriage to decide what equity call for. Brown v. Brown is a case that demonstrates this sort of division.

Case Facts

Husband and Wife were married for eight years before separating. The majority of the marriage was long distance. Husband left for military training the day after marriage. Wife became pregnant with triplets. Husband visited Wife rarely and for brief period throughout the following eight years of their marriage. Wife eventually filed for divorce. She asked for child custody, temporary alimony, child support, division of the marriage estate, and other things. Wife alleged that, in the final four years of marriage, Husband only lived in the marital home for ninety-four days. This, she alleged, caused the break-up of their marriage. The family court awarded Wife primary custody of the children, and a little less than half of the marital estate (49.60%). Husband appealed.

Husband argued that the equitable division was improper because the marriage only lasted eight years. Also, Husband argued that he made greater financial contributions. The court of appeal did not agree. The court found that the family court thoroughly considered the proper factors of Fort Mill equitable division. Thus, the length of the marriage did not require a greater share for Husband. The court also found that Wife’s choice to stay at home allowed Husband to make the money he did. Thus, Wife also helped acquire marital assets. Therefore, the court upheld the family court’s division of property.

What is Equitable?

A lawyer can held answer this question. In SC, you can receive more than fifty percent if it is fair. Thus, a lawyer is very important for matter of divorce in SC.

So, contact us to schedule a consultation.