§ 15-5-16.1 - Assignment of property.
SECTION 15-5-16.1
§ 15-5-16.1 Assignment of property. –(a) In addition to or in lieu of an order to pay spousal support made pursuantto a complaint for divorce, the court may assign to either the husband or wifea portion of the estate of the other. In determining the nature and value ofthe property, if any, to be assigned, the court after hearing the witnesses, ifany, of each party shall consider the following:
(1) The length of the marriage;
(2) The conduct of the parties during the marriage;
(3) The contribution of each of the parties during themarriage in the acquisition, preservation, or appreciation in value of theirrespective estates;
(4) The contribution and services of either party as ahomemaker;
(5) The health and age of the parties;
(6) The amount and sources of income of each of the parties;
(7) The occupation and employability of each of the parties;
(8) The opportunity of each party for future acquisition ofcapital assets and income;
(9) The contribution by one party to the education, training,licensure, business, or increased earning power of the other;
(10) The need of the custodial parent to occupy or own themarital residence and to use or own its household effects taking into accountthe best interests of the children of the marriage;
(11) Either party's wasteful dissipation of assets or anytransfer or encumbrance of assets made in contemplation of divorce without fairconsideration; and
(12) Any factor which the court shall expressly find to bejust and proper.
(b) The court may not assign property or an interest inproperty held in the name of one of the parties if the property was held by theparty prior to the marriage, but may assign income which has been derived fromthe property during the term of the marriage, and the court may assign theappreciation of value from the date of the marriage of property or an interestin property which was held in the name of one party prior to the marriage whichincreased in value as a result of the efforts of either spouse during themarriage. The court also shall not assign property or an interest in propertywhich has been transferred to one of the parties by inheritance before, during,or after the term of the marriage. The court shall not assign property or aninterest in property which has been transferred to one of the parties by giftfrom a third party before, during, or after the term of the marriage.
(c) The assignment of property, if any, to be made shallprecede the award of alimony, since the needs of each party will be affected bythe assignment of property, and once made in a final decree shall be final,subject only to any right of appeal which the parties may have. Any assignmentmade by the family court shall be regarded as a judgment for debt so that suitmay be brought or execution may issue on the debt for the property due andundelivered, or the amount due and unpaid to be shown by affidavits of theperson entitled to the property and the attorney of record of the person, theexecutions to run against the goods and chattels of the husband and wife, asthe case may be; and the court may make all necessary orders and decreesconcerning the suits or executions.