Hardy v. Hardy
Court of Appeals of South Carolina
429 S.E.2d 811 (1993)
Relevant factsFree
Mary Hardy (plaintiff) sought divorce from James Hardy (defendant) on grounds of adultery. The trial court granted the divorce, reserved the question of alimony to Mary, and divided the couple's property, but simply ordered each spouse to pay whatever debt was in his or her own name — about $32,000 for James and $2,800 for Mary — without treating the debt as part of the marital estate to be divided. James appealed the debt allocation.
IssueFree
Whether debt either spouse incurs prior to a divorce proceeding is presumed to be marital debt that the trial court must factor into the totality of equitable apportionment.