South Carolina Divorce Settlement Guide 2026

Last reviewed: February 2026

South Carolina is an equitable distribution state that still allows fault-based grounds for divorce — and fault can meaningfully affect the outcome. Unlike many states that have moved to purely no-fault systems, South Carolina courts may consider marital misconduct when dividing property and awarding alimony. Understanding how fault, property division, spousal support, child support, and taxes interact in South Carolina is essential for evaluating whether a proposed settlement truly protects your financial future.

How South Carolina divides property

Under S.C. Code §20-3-620, the family court must identify, value, and divide the marital estate using equitable apportionment. "Equitable" does not necessarily mean equal — it means fair based on the circumstances. The court will first classify property as either marital or non-marital. Marital property generally includes assets acquired during the marriage through the efforts of either or both spouses. Non-marital property includes assets owned before the marriage, received by gift or inheritance, and property excluded by a valid prenuptial agreement (S.C. Code §20-3-630).

Under S.C. Code §20-3-620(B), the court considers 15 statutory factors when dividing property, including: the duration of the marriage, marital misconduct or fault, the value of the marital property, the income and earning potential of each spouse, the physical and emotional health of each spouse, the need of a custodial parent to occupy the marital home, tax consequences of the proposed division, existing support obligations, liens and debts, and whether either party has encumbered or concealed marital property.

A critical distinction: South Carolina is one of the states where fault can affect property division. If one spouse is found to have committed adultery, cruelty, habitual drunkenness, or other misconduct, the court may award a larger share of the marital estate to the other spouse.

The median home value in South Carolina is approximately $275,000, with property tax rates around 0.57% — one of the lowest rates in the country — and closing costs around 1.2% of the sale price. Annual homeowners insurance averages about $3,103. While property taxes are low, insurance costs are above the national average, so factor both into the keep-vs-sell analysis.

Spousal support (alimony) in South Carolina

South Carolina recognizes five types of alimony under S.C. Code §20-3-130: periodic alimony (ongoing payments), lump-sum alimony (fixed total amount), rehabilitative alimony (to support education or training), reimbursement alimony (to compensate for contributions to the other spouse's education or career), and separate maintenance and support.

There is no statutory formula for the amount or duration of alimony in South Carolina. Courts have broad discretion and consider factors listed in S.C. Code §20-3-130(C), including: the duration of the marriage, the physical and emotional condition of each spouse, the educational background and earning capacity of each spouse, the standard of living during the marriage, the current and expected income of each spouse, marital misconduct, child custody arrangements, and tax consequences.

Fault is critical for alimony in South Carolina. Under S.C. Code §20-3-130(A), a spouse who commits adultery is barred from receiving alimony. This is one of the strongest fault-based alimony bars in the country. Other forms of fault (cruelty, habitual drunkenness, desertion) may not completely bar alimony but can significantly affect the amount and duration awarded.

Under the TCJA, for divorces finalized after December 31, 2018, alimony payments are not deductible by the payer and not taxable to the recipient at the federal level. South Carolina conforms to this federal treatment. Alimony in South Carolina terminates upon the death of either party, the remarriage of the recipient, or continued cohabitation of the recipient with a romantic partner (S.C. Code §20-3-130(B) and (G)).

Child support in South Carolina

South Carolina uses an income shares model for child support (S.C. Code §63-17-470), which combines both parents' gross incomes and allocates child support obligations based on each parent's proportionate share. The South Carolina Child Support Guidelines provide schedules that specify the total support obligation for different income levels and numbers of children.

The guidelines also account for health insurance premiums for the child, work-related child care costs, and extraordinary expenses. The court may deviate from the guidelines if applying them would be unjust or inappropriate based on factors including the educational expenses for the child, the equitable distribution of property, consumer debts, and the overall financial condition of each parent.

Child support in South Carolina generally continues until the child turns 18, or until the child graduates from high school, whichever occurs later, but not past age 19 (S.C. Code §63-3-530(A)(17)). Support may be ordered beyond these ages for a child with a physical or mental disability.

Tax implications of divorce in South Carolina

South Carolina's state income tax rate is approximately 5.0% for moderate incomes (around $60,000–$80,000). Combined with federal income taxes and FICA, understanding your after-tax income is critical for evaluating any proposed settlement.

One significant advantage for homeowners: South Carolina's effective property tax rate averages about 0.57%, one of the lowest in the nation. On a $275,000 home, that means roughly $1,570 per year in property taxes. However, annual homeowners insurance averages about $3,103, which is above the national average. When evaluating whether to keep the house, consider both the low property taxes and higher insurance costs together.

If you have children and qualify, filing as Head of Household provides a larger standard deduction ($22,500 vs. $15,000 for the 2025 tax year) and more favorable federal tax brackets. To qualify, you must be unmarried on December 31, pay more than half the cost of keeping up your home, and have a qualifying person living with you for more than half the year.

When selling the marital home, the federal capital gains exclusion allows you to exclude up to $250,000 in profit if the home was your primary residence for at least two of the last five years. Closing costs in South Carolina average about 1.2% of the sale price.

This is where most people get stuck. Comparing the real value of pre-tax retirement accounts, home equity, and liquid assets takes more than a spreadsheet. DivorceSmart Pro calculates the after-tax value of every asset in your settlement so you can see whether the split is truly equal — not just on paper.

Protecting your financial future

Here are some considerations that many people going through divorce in South Carolina find helpful: