South Carolina Debt Division Calculator

South Carolina uses equitable distribution under S.C. Code § 20-3-620, dividing marital debt fairly but not necessarily equally. Courts weigh 15 statutory factors including marriage duration, each spouse's income and earning potential, contributions to the marriage, and who benefited from the debt. With median attorney rates of $310/hour, debt division disputes can significantly increase divorce costs.

South Carolina courts assign credit card debt based on when charges were incurred and whether both spouses benefited, not simply whose name is on the card. Purchases made during marriage for family needs are typically marital debt divided equitably. However, creditors can still pursue both spouses if both names appear on the account—divorce decrees do not modify the original credit agreement.

Student loans taken before marriage generally remain the borrower's separate debt in South Carolina. However, loans incurred during marriage may be classified as marital debt, especially if proceeds paid for family living expenses rather than solely tuition and books. Courts also consider whether the non-student spouse sacrificed career opportunities to support the other's education.

Under S.C. Code § 20-3-620(B)(13), mortgage debt typically follows the property—the spouse keeping the home usually assumes the mortgage. However, if both names remain on the loan, the lender can pursue either spouse regardless of the divorce decree. Refinancing into one spouse's name before finalizing divorce eliminates this liability risk.

Yes, if your name remains on a joint account or loan. Divorce decrees do not bind creditors, so if your ex-spouse fails to pay a debt assigned to them in the divorce, creditors may report delinquencies on your credit report and pursue you for payment. Close joint accounts and refinance debts into individual names to protect your credit score.

Medical debt incurred during marriage for either spouse or the children is generally considered marital debt in South Carolina, subject to equitable distribution. Courts consider each spouse's ability to pay and health needs when allocating medical obligations. Pre-marriage medical debt typically remains the individual spouse's separate responsibility.

South Carolina courts consider whether both spouses benefited from secret debt when determining division. Debt used for family purposes remains marital even if one spouse was unaware, while debt for affairs or gambling may be assigned solely to the spouse who incurred it as dissipation. Courts examine the purpose and timing of the debt under the 15 statutory factors.

Courts apply 15 factors under S.C. Code § 20-3-620(B), including each spouse's income and earning potential, contributions to the marriage, tax consequences, marital misconduct affecting finances, and liens or encumbrances on property. Dissipation—wasteful spending like gambling losses or affair expenses—may result in that debt being assigned entirely to the responsible spouse.