The logical but wrong way to divide transmuted property
March 9, 2014
How to “equitably” divide transmuted property–property that started out as non-marital but through commingling or use become property of the marriage and hence subject to
Court of Appeals mostly affirms family court’s equitable distribution award
March 5, 2014
On May 21, 2014 the Court of Appeals slightly modified the opinion in this case. The March 5, 2014 Court of Appeals opinion in Teeter
Misunderstanding passive depreciation in equitable distribution
February 17, 2014
South Carolina family law distinguishes active depreciation or appreciation–changes in value due to the deliberate efforts of one party–from passive depreciation or appreciation–changes in value
Supreme Court affirms lower courts’ ruling on transmutation of husband’s business
January 15, 2014
The January 15, 2014 Supreme Court opinion in Pittman v. Pittman, 407 S.C. 141, 754 S.E.2d 501 (2014), affirmed the Court of Appeals and family court’s determination that
Reserving alimony when there’s military retirement
November 22, 2013
One of the quirks of family law is that a veteran’s military retirement is subject to equitable distribution but that veteran’s military disability is not.
July 1, 2013
The June 26, 2013 Court of Appeals opinion in Simpson v. Simpson, 404 S.C. 563, 746 S.E.2d 54 (Ct. App. 2013), provides quite useful guidance as
Supreme Court reconsiders equitable distribution of marital home
May 8, 2013
In a May 8, 2013 substituted opinion in Wilburn v. Wilburn, 403 S.C. 372, 743 S.E.2d 734 (2013), the South Carolina Supreme Court made minor modifications to
Pre-trial order settling “personal property” precludes equitable distribution of retirement accounts
April 21, 2013
I’ve had a few cases in which the issue of what constitutes “personal property” has been the subject of debate. The understanding of the typical
