January 22nd, 2025
In every case in which equitable distribution is an issue, I will draft an equitable distribution spreadsheet in preparation for settlement negotiations, mediation, and trial. A sample spreadsheet is at the bottom of this blog. However, clients can assist in the drafting and preparation of this spreadsheet. I prefer my spreadsheets to be simple, with […]
Read MoreNovember 22nd, 2024
The refiled October 21, 2024, Court of Appeals opinion in Abbas-Ghaleb v. Ghaleb, 444 S.C. 245, 907 S.E.2d 105 (Ct. App. 2024), stems from a trial and appeal I handled. The parties’ marriage was short, tempestuous, and produced a daughter who was a mere infant when they separated. In the fifteen months between the temporary […]
Read MoreAugust 2nd, 2024
The July 31, 2024 Supreme Court opinion in Bostick v. Bostick, 443 S.C. 360, 904 S.E.2d 875 (2024), reversed a ruling from the Court of Appeals, Bostick v. Bostick, 436 S.C. 43, 872 S.E.2d 859 (Ct.App. 2022), which held most of the proceeds from the sale of Husband’s dental practice represented enterprise goodwill—which is subject […]
Read MoreJuly 24th, 2024
The June 20, 2024 Court of Appeals opinion in Carter v. Carter, 443 S.C. 585, 905 S.E.2d 405 (2024), corrects an obvious family court error but fails to correct what I would think are additional inequities. The Carter appeal stems from a divorce action. At trial, the family court awarded Wife $40,000 from Husband’s nonmarital […]
Read MoreAugust 3rd, 2022
The August 3, 2022, Supreme Court decision in Seels v. Smalls, 437 S.C. 167, 877 S.E.2d 351 (2022), affirmed that a marital dissolution action survives the death of a party. In Seels, Wife filed a separate maintenance action in October, 2014, and died in December 2015. Her brother moved to be substituted as a party […]
Read MoreJuly 26th, 2022
A recurring issue in South Carolina family court is how to “equitably” divide proceeds from personal injury, tort, or Workers’ Compensation claims. The injured spouse typically feels the proceeds shouldn’t be divided, as they are compensation for an injury that was literally personal. The other spouse typically feels the proceeds are marital property and should […]
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