Supreme Court of South Carolina

Robert Crossland, Respondent v. Shirley Crossland, Petitioner

July 2, 2014408 S.C. 443

Summary

The South Carolina Supreme Court reversed the Court of Appeals and reinstated the family court’s alimony award, its forty‑percent equitable division of the marital estate, and its award of attorney’s fees to the wife, finding the appellate court erred in each respect.

Holding

  • Whether the appellate court erred in requiring the family court to impute the wife’s eligibility for Social Security benefits as income for alimony purposes. The family court’s alimony award stands; the appellate court erred in requiring imputation of unclaimed Social Security benefits.
  • Whether the appellate court erred in modifying the family court’s forty‑percent equitable division of the marital estate to thirty percent for the wife. The family court’s forty‑percent division stands; the appellate court erred in reducing the wife’s share.
  • Whether the appellate court erred in remanding the award of attorney’s fees to the family court. The family court’s award of attorney’s fees stands; the appellate court erred in remanding the issue.

Docket Appellate Case 2012-212190; 27406

Cited authorities

  • S.C. Code Ann. § 20-3-130
  • S.C. Code Ann. § 20-3-620
  • S.C. Code Ann. § 20-3-130

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