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The "marital estate" will be divided by a process referred to as "equitable division."
The marital estate generally consists of all property, assets, and funds of any description that were acquired by the parties during the marriage (i.e., from the wedding date until the date of filing a case with the Family Court). There can be exceptions to to this rule, particularly if there is a pre-nuptial agreement, if either spouse receives a gift or inheritance, or if either spouse receives certain government assistance or benefits. In addition, some non-marital property can become marital property over the course of time. You will certainly wish to discuss this topic further with your attorney.
In most cases, marital property will be divided between the parties on a 50/50 basis. There are a number of factors that may affect the percentage split, such as marital fault, the relative efforts of the parties in contributing to the marital estate, and the relative sizes of each parties' non-marital estates; this list is not intended to be exhaustive, and every case is different. You should consult with one of our Charleston divorce lawyers on this topic if you have specific questions in this regard.
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