I know I have to wait a year to file for divorce here in South Carolina. My wife and I have been married for 19.5 years, and I just retired after 20 years in the Air Force. I’ve heard she might be entitled to part of my retirement. Will she automatically get half, or is this something we can agree on before the year mark?
South Carolina goes by equitable distribution, so she won’t automatically get half. You can definitely negotiate it though.
Leighton said:
South Carolina goes by equitable distribution, so she won’t automatically get half. You can definitely negotiate it though.
That’s good to know. Does that mean we just have to agree on a percentage before filing?
Leighton said:
South Carolina goes by equitable distribution, so she won’t automatically get half. You can definitely negotiate it though.
Yep, as long as the court sees it as fair, they’ll approve it. A mediator might help if it’s tricky.
Since you were married for over 10 years during service, she might qualify for direct payments from DFAS. Have you heard of the 10/10 rule?
Ashby said:
Since you were married for over 10 years during service, she might qualify for direct payments from DFAS. Have you heard of the 10/10 rule?
I haven’t. What’s the 10/10 rule?
Ashby said:
Since you were married for over 10 years during service, she might qualify for direct payments from DFAS. Have you heard of the 10/10 rule?
It means if you were married at least 10 years during your service, DFAS can pay her directly. It’s a convenience thing.
Ashby said:
Since you were married for over 10 years during service, she might qualify for direct payments from DFAS. Have you heard of the 10/10 rule?
Got it, thanks. So that’s just a payment method, not an automatic split, right?
Ashby said:
Since you were married for over 10 years during service, she might qualify for direct payments from DFAS. Have you heard of the 10/10 rule?
Exactly. It doesn’t decide the percentage—just how she gets her share if you agree on one.
I think the one-year separation is key here. Are you living in separate places? That’s how SC counts it.
Griffin said:
I think the one-year separation is key here. Are you living in separate places? That’s how SC counts it.
Yeah, I moved out. Does it matter if it’s a rental or something temporary?
Griffin said:
I think the one-year separation is key here. Are you living in separate places? That’s how SC counts it.
Nope, as long as you’re not sharing the same address. Keep records of the move date though!
FYI, adultery during separation can impact alimony, but it doesn’t shorten the year-long wait for no-fault divorce.
Zen said:
FYI, adultery during separation can impact alimony, but it doesn’t shorten the year-long wait for no-fault divorce.
That’s interesting. Would adultery change how assets are divided too?
Zen said:
FYI, adultery during separation can impact alimony, but it doesn’t shorten the year-long wait for no-fault divorce.
It could. Courts might favor the spouse who didn’t cheat when dividing assets. Definitely talk to an attorney about it.
A mediator can help you both come to terms on asset division, including your retirement. It might save you a lot of stress.
Jin said:
A mediator can help you both come to terms on asset division, including your retirement. It might save you a lot of stress.
We’ve talked about mediation. Does that mean we don’t have to go to court at all?
Jin said:
A mediator can help you both come to terms on asset division, including your retirement. It might save you a lot of stress.
Not entirely. The court still reviews your agreement, but it’s usually faster if you agree beforehand.