Property

PARTIAL DESIGNATION OF NONMARITAL PROPERTY

Another aspect of Gilley v. Gilley, 488 S.E.2d 310 (1997), is the suggestion that people contemplating marriage can, in a premarital agreement, designated property that will be acquired during the marriage as “nonmarital.” The Supreme Court affirmed the Family Court’s dismissal of the husband’s action for separate support and maintenance in part because “property excluded by written contract or antenuptial agreement of the parties is excluded from marital property and is considered nonmarital property." S.C. Code Ann. Section 20-7-473 (1976, as amended).” Gilley v. Gilley, 488 S.E.2d 310 (1997).

1. Covenant not to compete is nonmarital property. Ellerbe v. Ellerbe, 473 S.E.2d 881 (Ct. App.1996).
2. Employment termination benefits can be either marital or non-marital property. Mallet v. Mallet, 473 S.E.2d 804 (Ct. App.1996).
3. Wedding gifts are marital property. Pierson v. Calhoun, 417 S.E.2d 604 (Ct. App.1992).
4. Collectibles for children are nonmarital property, Crawford v. Crawford 469 S.E.2d 622 (Ct. App.1996).
5. Medical malpractice recovery is marital property. Covington v. Covington, 412 S.E.2d 455 (Ct. App.1991).
6. An inherited ring is non-marital property. Roe v. Roe, 429 S.E.2d 830 (Ct. App.1993).
7. Retirement plans are marital property. Hickum v. Hickum, 463 S.E.2d 321 (Ct. App.1995).
8. Military pension is marital property and can be apportioned. Ball v. Ball, 445 S.E.2d 449 (1994).
9. Military retirement is marital property. Fisher v. Fisher, 462 S.E.2d 303 (Ct. App.1995).

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.