Does equitable distribution case law overvalue retirement accounts?

Posted Thursday, January 10th, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Individual Retirement Accounts (IRA) and 401k account assets are not as valuable as an equivalent amount of cash.  With some exceptions there is a 10%

Equitable distribution when spouses rarely lived together

Posted Wednesday, December 5th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The December 5, 2012 Court of Appeals opinion in Jenkins v. Jenkins, 401 S.C. 191, 736 S.E.2d 392 (Ct. App. 2012) addresses, without providing guidance, the interesting

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?

Posted Tuesday, August 28th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Legislation, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

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 §

Fighting the wrong battle on transmutation

Posted Saturday, August 25th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division

I attended a mediation training yesterday in which one of the exercises dealt with the issue of “transmutation,” the process by which non-marital property becomes

The limited utility of “hold harmless” provisions of separation agreements for negative-equity real estate

Posted Tuesday, August 21st, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Sometime around 2007 I encountered a situation involving a marital home I not previously dealt with: negative equity.  Prior to 2007 unhappily married folks often

For second consecutive week Court of Appeals reverses and remands family court order due to inadequate factual findings

Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation

Last week, in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the Court of Appeals reversed and remanded a family court custody

Way decision reverses lump sum equitable distribution award

Posted Wednesday, May 9th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The May 9, 2012 Court of Appeals opinion in Way v. Way, 398 S.C. 1, 726 S.E.2d 215 (Ct. App. 2012), reversed the family court’s $20,000

Mischief potential in restraints against disposing of marital property

Posted Monday, March 19th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Many family court attorneys routinely seek a restraining order at the beginning of a marital dissolution case against “disposing of, hiding, encumbering, or in any

Crossland appeal offers interesting guidance on alimony and equitable distribution

Posted Wednesday, March 7th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On July 2, 2014 the South Carolina Supreme Court completely reversed this Court of Appeals opinion.  See Supreme Court completely reverses Court of Appeals and reinstates

To reduce the coverture fraction, file then negotiate

Posted Sunday, February 12th, 2012 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Typically, when a separated or separating spouse contacts me to negotiate a separation agreement, I suggest working towards reaching an agreement before I file an

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.