Legal Question in Family Law in South Carolina
marital property in SC?
If a couple are legally seperated and one of their siblings die and leaves that sibling the beneficiuary of their 401K and life insurance policy does it become marital property in the state of SC?
2 Answers from Attorneys
Re: marital property in SC?
The short answer is "no." Typically, when a couple is legally separated (meaning that a Decree of Separate Maintenance has been issued), then any property acquired after that point is not marital. Further, inheritances are usually not considered to be marital property anyway.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
Re: marital property in SC?
Inheritances are usually not marital property unless they are used for the benefit of both spouses and a transmutation occurs.
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