Gray Divorce Financial Specialist
Pensions, retirement accounts, real estate — South Carolina's equitable distribution requires expertise. This guide shows you exactly what you're entitled to.
Leanne Ozaine, CDFA® & CFP® | Specializing in gray divorce for 50+
Turn Panic Into Power — $97If you're over 50 and facing divorce in South Carolina, you're likely dealing with something most people don't talk about: the complete shift in your financial future when child-related issues are no longer the focus. Your children may be grown and financially independent, which means your entire divorce becomes about protecting and dividing decades of accumulated wealth—in Charleston's historic district real estate, Greenville's manufacturing careers, or coastal retirement properties.
This is especially overwhelming if you've never personally managed the household finances—and you're certainly not alone. Many of our South Carolina clients are navigating complex financial decisions for the first time during divorce, often involving Boeing aerospace benefits, MUSC healthcare pensions, BMW manufacturing compensation, or coastal resort property portfolios.
Why South Carolina is critically different: South Carolina uses equitable distribution (not the strict 50/50 split of community property states), BUT fault heavily impacts both property division AND alimony. Adultery can completely bar alimony, and fault affects how judges divide assets. This makes South Carolina one of the most unique states for divorce financial planning.
The fear-to-strength progression: Right now, you might be feeling panic about fault allegations, losing coastal property, or forfeiting alimony rights. That's normal. But here's what we do together: we turn that panic into power by understanding exactly what South Carolina fault law means for YOUR situation, protecting your financial interests, and building a post-divorce financial plan that gives you confidence and security.
Here's what nobody tells you: A "fair" settlement can still leave you struggling.
50/50 sounds equal. But if you take the house and your spouse takes the 401(k), only one of you has retirement income. A pension isn't cash. Tax treatment turns "half" into 40% or 60% depending on which half you take.
Your lawyer knows the law. They don't know what you'll live on for the next 30 years.
Most people sign their settlement while still in emotional shock. The brain is in survival mode — the prefrontal cortex that makes rational decisions is literally offline. By the time the fog lifts, the settlement is final.
You need someone whose only job is protecting your financial future — not billable hours, not legal posturing. Someone who can show you exactly what different settlement scenarios mean for your life 5, 10, 25 years from now.
Unlike most states, South Carolina's fault grounds HEAVILY IMPACT financial outcomes—this is NOT just a legal technicality.
The five fault grounds in South Carolina:
How fault impacts YOUR finances:
For gray divorce: Fault allegations become even more critical when you're dividing decades of accumulated wealth and negotiating long-term alimony. One strategic mistake can cost you hundreds of thousands of dollars.
Important: Even if your spouse committed adultery, you still need to prove it legally. And sometimes, pursuing fault claims costs more in legal fees than the financial benefit. This is where coordinated legal and financial planning becomes essential.
Here's what that really means for your situation: Unlike California or Texas where community property rules apply, South Carolina courts divide marital property based on what's "fair" under your specific circumstances—and fault is one of those circumstances.
What counts as marital property in South Carolina:
What counts as separate property in South Carolina:
The equitable distribution factors South Carolina courts consider:
Charleston and the Lowcountry represent some of South Carolina's highest concentrations of wealth, with historic district real estate, coastal property, and retirement communities attracting affluent retirees nationwide.
Charleston gray divorce financial issues:
Real estate valuation complexity: Charleston's real estate market is highly specialized. Historic homes in the French Quarter or South of Broad command premiums that require expert appraisal. Coastal properties face flood insurance and hurricane risk considerations that affect value.
For gray divorce: If you relocated to Charleston for retirement, determining which property is your primary residence affects taxes and division strategy. If you own both a historic Charleston home and a barrier island vacation property, the division becomes complex.
Greenville and the Upstate have transformed into a major manufacturing and corporate hub, with BMW, Michelin, and dozens of international headquarters creating substantial wealth.
Greenville gray divorce financial issues:
Manufacturing compensation complexity: BMW and other manufacturers often provide shift differentials, profit-sharing, international assignment bonuses, and complex benefits packages. Valuing and dividing these requires expertise.
For gray divorce: If your spouse has a 30-year BMW or Michelin career, their pension and 401(k) may be your largest assets. Understanding how fault affects division becomes critical—adultery could mean losing alimony while dividing million-dollar retirement accounts.
For gray divorce, retirement accounts may be your largest asset—and South Carolina law says the marital portion gets divided equitably (with fault as a factor).
Critical considerations:
For those new to finances: A 401(k) is your employer-sponsored retirement account. The money grows tax-deferred until you withdraw it in retirement. A pension is a promise to pay you monthly income for life. Dividing either incorrectly can trigger massive tax bills—this is where expert guidance pays for itself.
If you've been married 10+ years, you may be entitled to Social Security benefits based on your ex-spouse's earnings record—even if you never worked outside the home or earned significantly less. This is federal law, not South Carolina law.
Key benefits:
Critical timing: When you start Social Security significantly impacts your lifetime income. If you're divorcing at 50-60, you have critical decisions about when to start benefits. This is an essential part of your post-divorce financial plan.
For gray divorce: Social Security planning becomes even more important if fault issues mean you won't receive alimony. Ex-spouse benefits may be your only guaranteed income beyond your own retirement savings.
South Carolina's coast—from Myrtle Beach to Hilton Head—represents major real estate values for gray divorce couples.
Key coastal property issues:
For gray divorce: Can you afford to keep the Hilton Head condo or Charleston historic home on one income? Property taxes, insurance, maintenance, and utilities don't decrease just because you're single. We need to ensure keeping property doesn't jeopardize your retirement security.
Boeing's Charleston facility (787 Dreamliner production) employs thousands with complex benefits packages that require specialized knowledge for divorce division.
Boeing employee divorce issues:
Valuation complexity: Stock options granted during marriage but vesting after divorce require expert handling. Pensions earned over 20-30 year careers need precise QDRO drafting.
South Carolina law is crystal clear: If you committed adultery, you CANNOT receive alimony. Period.
This is codified in South Carolina Code § 20-3-130: "No alimony may be awarded to a spouse who commits adultery before the earliest of these four events: (1) the formal signing of a written property or marital settlement agreement; (2) entry of a permanent order of separate maintenance and support; (3) entry of a permanent order approving a property or marital settlement agreement; or (4) entry of a final decree of divorce or separate maintenance."
What this means in practice:
If you committed adultery and it's proven, you get ZERO alimony. This makes South Carolina one of the harshest states for adultery consequences.
The strategic implications:
For gray divorce: After a 30-year marriage, alimony might be $3,000-$5,000/month for 10-15 years—potentially $500,000+ total. Adultery allegations therefore become extremely high-stakes financial battles.
If adultery isn't a factor (or can't be proven), South Carolina courts have broad discretion in awarding alimony.
Types of alimony in South Carolina:
Factors courts consider (beyond fault):
Modification and termination:
Critical considerations when you're approaching or in retirement:
If you're the potential recipient:
If you're the potential payor:
For those new to finances: Alimony (also called spousal support) is monthly payments from one spouse to another after divorce. In South Carolina, fault—especially adultery—can completely eliminate alimony rights, making this one of the most critical financial issues in your divorce.
Looking for information specific to your area? Explore our metro-specific pages:
South Carolina has a graduated income tax system with rates from 0% to 6.5%, which is moderate compared to other states. Understanding tax implications is critical for gray divorce financial planning.
South Carolina income tax brackets (simplified):
Key tax considerations for divorce:
South Carolina retirement-friendly tax features:
For gray divorce: Tax planning becomes crucial when you're living on fixed retirement income. Understanding which assets are pre-tax (traditional 401k/IRA) vs. post-tax (Roth accounts, taxable investments) affects the true value of your settlement. Many couples move to South Carolina for retirement tax benefits—don't let divorce destroy that planning.
South Carolina courts take economic misconduct seriously, especially when combined with marital fault. If your spouse has been hiding assets, gambling away marital funds, or making large unexplained transfers, South Carolina law allows courts to account for this behavior.
Common forms of economic misconduct:
How to protect yourself: Document everything. Bank statements, credit card statements, tax returns, and financial records become critical evidence if you suspect misconduct. As a financial professional, I can help you identify red flags and work with your attorney to build a strong case.
For gray divorce: After 30 years of marriage, you may not have been actively monitoring finances. Suddenly discovering that $100,000 disappeared from accounts in the months before separation is devastating. Early financial investigation can preserve your rights.
The 5-step system that shows you what you'll actually live on, so you stop guessing and start knowing.
Calculate your real post-divorce income — including spousal support, assets, and earning potential — so you negotiate from facts, not fear.
Document gathering checklists tell you exactly what to bring to your attorney — so you walk in prepared, not panicked.
Map out your real expenses as a single person — before you fight for something you can't actually maintain.
The asset identification system helps you find accounts and property you might not even know exist.
22-page guide + video tutorials + checklists + templates
$97
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Get the Clarity You Need — $97South Carolina's unique fault-based system means one strategic mistake can cost you hundreds of thousands. Let's protect your financial future together.
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