United States · State guide
Divorce inSouth Carolina.
Family law is state law. Here is how it works in South Carolina: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for South Carolina.
Official source: www.sccourts.org
Property division
Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.
Residency and waiting period
Court: Family Court1 year residency (3 months if both live in-state); no-fault requires 1 year living separate and apart.
Child support
Income shares model.
Retirement accounts
Workplace retirement plans are divided by a Qualified Domestic Relations Order (QDRO) prepared after the decree; IRAs are divided by the decree itself. A former spouse married ten years or more may claim Social Security on the ex's record.
Enforcement
Child support is enforced by South Carolina Child Support Services Division under the federal Title IV-D program: income withholding, tax refund intercepts, license suspension and passport denial for arrears.
Health insurance
Divorce ends a former spouse's eligibility on an employer plan. COBRA continuation is available for up to 36 months at full cost; the ACA marketplace opens a special enrollment period.
Official guidelines and tools
The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.
Common questions
How is property divided in a South Carolina divorce?
Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.
How do I file for divorce in South Carolina?
1 year residency (3 months if both live in-state); no-fault requires 1 year living separate and apart. File in the Family Court.
When does child support end in South Carolina?
Child support usually ends at 18, but can continue while the child is still in high school, generally until graduation or the end of the school year in which the child turns 19. In exceptional circumstances a court can order college support or support for a child with a disability.
What happens to property when unmarried couples separate in South Carolina?
South Carolina's Supreme Court abolished common-law marriage going forward in Stone v. Thompson (July 2019), so new common-law marriages cannot be formed, although ones formed before then remain valid. Otherwise, unmarried partners are not covered by divorce property rules, and property generally belongs to whoever holds title, subject to any agreement between you.
How long do you need to live in South Carolina to file for divorce?
The person filing must have lived in South Carolina for at least one year before filing (or the other spouse must have, if the filer lives elsewhere); if both spouses live in South Carolina, only three months is required. Divorce is heard by the Family Court.
Official help: South Carolina Judicial Branch Self-Help Resources. Rules change, so confirm with a family lawyer in South Carolina before you rely on them.
Read next
Guides for South Carolina
Filing for an uncontested divorce in the US
GuideWhat divorce costs in the US
GuideQDROs and retirement accounts
GuideDivorce and US taxes
GuideHealth insurance after divorce
GuideRelocation with children
GuideThe complete parenting plan guide
GuideYour separation date controls everything
GuideHidden assets: warning signs
GuideJoint debt at separation
GuideWhen your ex won't pay
GuideSeparating when there is abuse
Professionals
Family lawyers, mediators and coaches in South Carolina
Family lawyers
Listings marked Verified have been checked against the state bar directory. Each lawyer sets their own fees.
DirectoryMediators
Family mediators for parenting and financial issues. Listings marked Verified have been checked against their association.
DirectoryDivorce coaches and counselors
Decision support, communication and co-parenting help. What a coach does.
Are you a professional in South Carolina? List your practice.
South Carolina
Get organized in South Carolina
Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organized into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.
Sources and further reading
This page is legal information, not legal advice. It summarizes how the process works in South Carolina so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for South Carolina; a local lawyer prepares any agreement and advises you before you sign.