Is there a conflict in the equitable distribution statutes on whether property acquired post-filing but before the entry of a temporary order is marital property?
South Carolina Code § 20-3-610 indicates that the marital estate is created “at the time marital litigation is filed or commenced…” Yet S.C. Code § 20-3-630(A)(2)(a) lists as part of the exclusions from the marital estate, “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….”
Section 20-3-630 would seem to indicate the court can equitable divide property acquired after filing but before the entry of a pendente lite order. Section 20-3-610 would seem to indicate the court can’t. Anyone able to reconcile these two statutes?
