equitable distribution is based doctrine (South Carolina) · Go Syfert
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equitable distribution is based doctrine in South Carolina

16 South Carolina opinions name it 1 courts 1996–2023 1 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Mallett v. Mallettgreen
scctapp · 1996 · cited in 9 South Carolina opinions naming this issue, 1999–2018
2 sentences

2018"The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership." Mallett v. Mallett, 323 S.C. 141, 150 , 473 S.E.2d 804 , 810 (Ct. App. 1996).

2018"The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership." Mallett v. Mallett, 323 S.C. 141, 150 , 473 S.E.2d 804 , 810 (Ct. App. 1996).

69
Morris v. Morrisgreen
scctapp · 1999 · cited in 6 South Carolina opinions naming this issue, 2005–2012
2 sentences

2012Division of Marital Estate “The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership.” Moms v. Morris, 335 S.C. 525, 531 , 517 S.E.2d 720, 723 (Ct.App.1999) (internal citation and quotation marks omitted).

2012Division of Marital Estate “The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership.” Moms v. Morris, 335 S.C. 525, 531 , 517 S.E.2d 720, 723 (Ct.App.1999) (internal citation and quotation marks omitted).

66
Johnson v. Johnsongreen
scctapp · 1988 · cited in 3 South Carolina opinions naming this issue, 1996–2023
2 sentences

2023"The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership." Johnson v. Johnson, 296 S.C. 289, 293 , 372 S.E.2d 107, 109 (Ct. App. 1988).

2023"The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership." Johnson v. Johnson, 296 S.C. 289, 293 , 372 S.E.2d 107, 109 (Ct. App. 1988).

23
Deidun v. Deidungreen
scctapp · 2004 · cited in 3 South Carolina opinions naming this issue, 2007–2012
2 sentences

2012As to whether the family court abused its discretion in awarding Wife $49,441.29 from Husband's retirement account: Doe v. Doe , 370 S.C. 206, 213 , 634 S.E.2d 51, 55 (Ct. App. 2006) ("The division of marital property is in the family court's discretion and will not be disturbed absent an abuse of that discretion."); Deidun v. Deidun , 362 S.C. 47, 58 , 606 S.E.2d 489, 495 (Ct. App. 2004) ("On appeal, this court looks to the overall fairness of the apportionment."); Morris v. Morris , 335 S.C. 525, 531 , 517 S.E.2d 720, 723 (Ct. App. 1999) ("The doctrine of equitable distribution is based on a

2012As to whether the family court abused its discretion in awarding Wife $49,441.29 from Husband's retirement account: Doe v. Doe , 370 S.C. 206, 213 , 634 S.E.2d 51, 55 (Ct. App. 2006) ("The division of marital property is in the family court's discretion and will not be disturbed absent an abuse of that discretion."); Deidun v. Deidun , 362 S.C. 47, 58 , 606 S.E.2d 489, 495 (Ct. App. 2004) ("On appeal, this court looks to the overall fairness of the apportionment."); Morris v. Morris , 335 S.C. 525, 531 , 517 S.E.2d 720, 723 (Ct. App. 1999) ("The doctrine of equitable distribution is based on a

23
Doe v. Doegreen
scctapp · 2006 · cited in 2 South Carolina opinions naming this issue, 2011–2012
2 sentences

2012As to whether the family court abused its discretion in awarding Wife $49,441.29 from Husband's retirement account: Doe v. Doe , 370 S.C. 206, 213 , 634 S.E.2d 51, 55 (Ct. App. 2006) ("The division of marital property is in the family court's discretion and will not be disturbed absent an abuse of that discretion."); Deidun v. Deidun , 362 S.C. 47, 58 , 606 S.E.2d 489, 495 (Ct. App. 2004) ("On appeal, this court looks to the overall fairness of the apportionment."); Morris v. Morris , 335 S.C. 525, 531 , 517 S.E.2d 720, 723 (Ct. App. 1999) ("The doctrine of equitable distribution is based on a

2012As to whether the family court abused its discretion in awarding Wife $49,441.29 from Husband's retirement account: Doe v. Doe , 370 S.C. 206, 213 , 634 S.E.2d 51, 55 (Ct. App. 2006) ("The division of marital property is in the family court's discretion and will not be disturbed absent an abuse of that discretion."); Deidun v. Deidun , 362 S.C. 47, 58 , 606 S.E.2d 489, 495 (Ct. App. 2004) ("On appeal, this court looks to the overall fairness of the apportionment."); Morris v. Morris , 335 S.C. 525, 531 , 517 S.E.2d 720, 723 (Ct. App. 1999) ("The doctrine of equitable distribution is based on a

22
King v. Kinggreen
scctapp · 2009 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See Johnson, 296 S.C. at 293 , 372 S.E.2d at 109 ("The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership."); § 20-3-620(B) (enumerating fifteen factors to be considered by the family court in making equitable distribution determinations); Johnson, 296 S.C. at 299–300, 372 S.E.2d at 113 ("The statute vests in the [family court], not the appellate court, the discretion to decide what weight should be assigned to the various factors."); King, 384 S.C. at 143 , 681 S.E.2d at 614 ("The appellate court looks to the overall fair

2023See Johnson, 296 S.C. at 293 , 372 S.E.2d at 109 ("The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership."); § 20-3-620(B) (enumerating fifteen factors to be considered by the family court in making equitable distribution determinations); Johnson, 296 S.C. at 299–300, 372 S.E.2d at 113 ("The statute vests in the [family court], not the appellate court, the discretion to decide what weight should be assigned to the various factors."); King, 384 S.C. at 143 , 681 S.E.2d at 614 ("The appellate court looks to the overall fair

11
Wilburn v. Wilburngreen
sc · 2012 · cited in 1 South Carolina opinions naming this issue, 2018–2018
2 sentences

2018"On appeal, we must review the fairness of the overall apportionment, and if equitable, we will uphold it regardless of whether we would have weighed specific factors differently." Wilburn v. Wilburn, 403 S.C. 372, 390 , 743 S.E.2d 734, 744 (2013).

2018"On appeal, we must review the fairness of the overall apportionment, and if equitable, we will uphold it regardless of whether we would have weighed specific factors differently." Wilburn v. Wilburn, 403 S.C. 372, 390 , 743 S.E.2d 734, 744 (2013).

11
Lewis v. Lewisgreen
sc · 2011 · cited in 1 South Carolina opinions naming this issue, 2014–2014
2 sentences

2014Code Ann. § 20-3-620 (B) (2014) (providing the appropriate factors to consider when making an equitable distribution award); Mallett v. Mallett, 323 S.C. 141, 150 , 473 S.E.2d 804 , 810 (Ct. App. 1996) ("The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership."); id. (providing distribution of marital property should fairly reflect each spouse's contribution to its acquisition); Lewis, 392 S.C. at 385 , 709 S.E.2d at 652 (stating the burden is upon the appellant to convince this court that the family court erred in its find

2014Code Ann. § 20-3-620 (B) (2014) (providing the appropriate factors to consider when making an equitable distribution award); Mallett v. Mallett, 323 S.C. 141, 150 , 473 S.E.2d 804 , 810 (Ct. App. 1996) ("The doctrine of equitable distribution is based on a recognition that marriage is, among other things, an economic partnership."); id. (providing distribution of marital property should fairly reflect each spouse's contribution to its acquisition); Lewis, 392 S.C. at 385 , 709 S.E.2d at 652 (stating the burden is upon the appellant to convince this court that the family court erred in its find

11
Marsh v. Marshgreen
sc · 1993 · cited in 1 South Carolina opinions naming this issue, 2011–2011
2 sentences

2011Upon dissolution of the marriage, marital property should be divided and distributed in a manner which fairly reflects each spouse's contribution to its acquisition, regardless of who holds legal title." (citation and quotation marks omitted)); Marsh v. Marsh , 313 S.C. 42, 45 , 437 S.E.2d 34, 36 (1993) (finding the family court "is not required to divide all marital property between the spouses based on the same percentage of division"); S.C.

2011Upon dissolution of the marriage, marital property should be divided and distributed in a manner which fairly reflects each spouse's contribution to its acquisition, regardless of who holds legal title." (citation and quotation marks omitted)); Marsh v. Marsh , 313 S.C. 42, 45 , 437 S.E.2d 34, 36 (1993) (finding the family court "is not required to divide all marital property between the spouses based on the same percentage of division"); S.C.

11
Walker v. Walkergreen
scctapp · 1988 · cited in 1 South Carolina opinions naming this issue, 2006–2006
2 sentences

2006Morris v. Morris, 335 S.C. 525, 530 , 517 S.E.2d 720, 723 (Ct.App.1999); Walker v. Walker, 295 S.C. 286, 288 , 368 S.E.2d 89, 90 (Ct.App.1988).

2006Morris v. Morris, 335 S.C. 525, 530 , 517 S.E.2d 720, 723 (Ct.App.1999); Walker v. Walker, 295 S.C. 286, 288 , 368 S.E.2d 89, 90 (Ct.App.1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Statutes the citing opinions construe

SC § S.C. Code Ann. § 20-3-130 (11) SC § S.C. Code Ann. § 20-3-620 (8) SC § S.C. Code Ann. § 20-3-630 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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