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You may not receive Social Security benefits on your ex-spouse’s record if you remarry.

See Social Security Benefits Planner: Retirement.

It depends.  If you are eligible for retirement benefits on your own record and on your divorced spouse’s benefits, Social Security will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount.

See Social Security Benefits Planner: Retirement.

The short answer is that it depends on the circumstances. Sorry, it is not a clear-cut answer. If you are divorced and your marriage lasted 10 years or longer, then you can receive benefits on your ex-spouse’s record (even if your ex-spouse has remarried) as long as

1. You are unmarried
2. You are 62 or older
3. Your ex-spouse is entitled to Social Security retirement or disability benefits; and
4. The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.

See Social Security Benefits Planner: Retirement.

In South Carolina, there are some circumstances in which the family court will award a grandparent visitation. The court may order grandparent visitation if the child’s parents are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation for the minor child for a period exceeding 90 days and

1. The court finds by clear and convincing evidence that the child’s parents or guardians are unfit; or
2. The court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child’s best interest.

See SECTION 63-3-530. Jurisdiction in domestic matters.

In South Carolina, child support is calculated based on the South Carolina Child Support Guidelines. The guidelines are based on the concept that the children should receive the same proportion of parental income that they would have received had the parents not divorced. Determination of child support takes into account the following:

1. Gross Income
2. Income from Self-Employment or Operation of a Business
3. Potential Income
4. Income Verification
5. Monthly Alimony (this action)
6. Other Monthly Alimony or Child Support Paid
7. Other Children in the Home
8. Basic Child Support Obligation
9. Self-Support Reserve
10. Health Insurance
11. Child Care Costs

Certain custody arrangements may alter the child support calculation. For example, if the parents have shared physical custody and each over more than 109 overnights each year, then there will be an adjustment to the calculation. It is important to consult with an attorney for child support obligations before you have a court order.

Sole custody means a person, i.e., a parent, has temporary or permanent custody of a child and, unless otherwise provided by court order, the rights and responsibilities for major decisions concerning the child, including the child’s education, medical and dental care, extracurricular activities, and religious training.

See SECTION 63-15-210.Definitions. 

Joint custody means both parents have equal rights and responsibilities for major decisions concerning the child, including the child’s education, medical and dental care, extracurricular activities, and religious training. However, a judge may designate one parent to have the sole authority to make specific, identified decisions, while both parents retain equal rights and responsibilities for all other decisions.

See SECTION 63-15-210. Definitions.

The court determines custody by determining what is in the best interest of the child based on the evidence presented.

See SECTION 63-15-230. Final custody determination; considerations.

Marital property means all real and personal property acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation, except the following is considered nonmarital property:

1. Property acquired by inheritance, devise, bequest, or gift from a party other than a spouse;
2. Property acquired before the marriage and property acquired after the happening of the earliest of
   • Entry of a temporary order in a divorce or separate maintenance action,
   • The formal signing of a written property or marital settlement agreement, or
   • Entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.
3. Property acquired by either party in exchange for property described in (1) and (2) above.
4. Property excluded by written contract of the parties, meaning any antenuptial agreement which must be fair and equitable so long as it was voluntarily executed by both parties separately represented by counsel and pursuant to full financial disclosure to each other as to income, debts, and assets.
5. Any increase in the value of the nonmarital property, except to the extent that the increase resulted directly or indirectly from efforts of the other spouse during marriage.

Gifts of property from one spouse to the other, or indirectly by way of a third party, are marital property.

See SECTION 20-3-630. Marital property; nonmarital property.

You and your spouse can decide and have the court approve the division, or if you cannot decide the court will decide for you us. The court will make a final “equitable apportionment” between the parties of the parties’ marital property. The following factors will be considered:

1. Duration of the marriage together with ages of the parties at the time of marriage and at the time of divorce.
2. Martial Misconduct or fault of either or both parties, whether or not used as a basis for divorce, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage. However, the court will not look at marital misconduct if the conduct took place after the happening of the earliest of
   1. Entry of a temporary order in a divorce or separate maintenance action;
   2. The formal signing of a written property or marital settlement agreement; or
   3. Entry of a permanent order of separate maintenance and support, or of a permanent order approving property or marital settlement agreement between the parties.
3. The value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in the value of the marital property, including the contribution of the spouse as homemaker, considering the quality of the contribution as well as its factual existence.
4. The income of each spouse, the earning potential of each spouse, and opportunity for future acquisition of capital assets.
5. The physical and mental health of each spouse.
6. The need of each spouse or either spouse for additional training or education to achieve income potential.
7. The nonmarital property of each spouse.
8. The existence or non-existence of vested retirement benefits for each or either spouse.
9. Whether separate maintenance or alimony has been awarded.
10. The desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of the children.
11. The tax consequences to each or either party as a result of any particular form of equitable apportionment.
12. The existence and extent of any support obligations, from a prior marriage or for any other reason or reasons, of either party.
13. Liens on the marital property to be equitably divided, or separate property of either of the parties and any other existing debts incurred by the parties or either of them during the course of the marriage.
14. Child custody arrangements and obligations at the time of the entry of the order; and
15. Other relevant factors as the trial court shall state in its order.

See SECTION 20-3-620. Apportionment factors.

For divorce or separate support and maintenance actions, you must file in

1. the county where the defendant resides when you file,
2. The county where the plaintiff resides if the defendant is a nonresident, or cannot be found after due diligence, or
3. The county in which the parties last resided together as husband and wife, unless the plaintiff is a non-resident, then it must be filed in the county where the defendant resides.

See SECTION 20-3-60. Venue.

South Carolina family courts to have jurisdiction if one of the following is true:

1. The plaintiff must have resided in South Carolina for at least one year prior to filing.
2. If the Plaintiff is not a resident, then the Defendant must have resided in South Carolina for a least one year prior to filing.
3. When both parties are residents of South Carolina when filing, the plaintiff must have resided in South Carolina for three months before filing.

See SECTION 20-3-30. Residence requirement.

In South Carolina there are four grounds for divorce:

1. Adultery
2. Desertion for a period of one year
3. Physical cruelty
4. Habitual drunkenness (can also be caused by narcotic drug use)
5. Living separate and apart without cohabitation for a period of one year

See SECTION 20-3-10. Grounds for divorce.