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South Carolina Legal Separation Agreement

South Carolina does not grant a legal-separation status, but its Family Court can enter an Order of Separate Support and Maintenance so a couple lives apart under enforceable terms while staying married. Attorney review available.

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Introduction

South Carolina does not recognize a legal-separation status, so no South Carolina court issues a decree that changes a couple to legally separated; instead, the Family Court can enter an Order of Separate Support and Maintenance that lets a married couple live apart under enforceable terms while staying legally married (S.C. Code Ann. 20-3-140, 63-3-530). Separate maintenance and support is defined as payments made periodically when the parties live separately and a divorce is not sought (S.C. Code Ann. 20-3-130(B)(5)), and in an action for separate support and maintenance the same principles that control alimony in a divorce apply to allowances of alimony and suit money (S.C. Code Ann. 20-3-140). Such an order can address child custody, visitation, child support, spousal support, and temporary use of the marital home, but it does not dissolve the marriage: the couple remains married and neither spouse may remarry. To obtain an order the spouses must be living in separate residences; living in separate bedrooms in the same house does not qualify as living separate and apart. Couples use a separate support and maintenance order to fix rights during a separation, for health-insurance or religious reasons, or before deciding whether to divorce. South Carolina divides marital property by equitable apportionment in a divorce, so rather than repeat that here, the division of property and debts belongs in a South Carolina Marital Settlement Agreement; if you decide to end the marriage instead, the pleading that starts it is a South Carolina Divorce Petition. DocDraft builds your South Carolina separation agreement from your facts, with attorney review available before you sign.

Key Things to Know

  1. 1

    South Carolina does not recognize a legal-separation status, so no court issues a decree of legal separation. The available court vehicle is an Order of Separate Support and Maintenance from the Family Court (S.C. Code Ann. 20-3-140, 63-3-530).

  2. 2

    Separate maintenance and support in South Carolina is defined as payments made periodically when the parties live separately and a divorce is not sought (S.C. Code Ann. 20-3-130(B)(5)). It supports a spouse during a separation without ending the marriage.

  3. 3

    A South Carolina Order of Separate Support and Maintenance can address child custody, visitation, child support, spousal support, and temporary use of the marital home, but it does not dissolve the marriage and neither spouse may remarry.

  4. 4

    In a South Carolina action for separate support and maintenance the same principles that control alimony in a divorce apply to allowances of alimony and suit money (S.C. Code Ann. 20-3-140).

  5. 5

    To obtain a South Carolina separate support and maintenance order the spouses must live in separate residences; living in separate bedrooms in the same house does not count as living separate and apart.

  6. 6

    A written separation agreement fixes the couple's rights on property, debts, support, and parenting. Living apart alone does not create enforceable rights; those come from the agreement or a court order.

  7. 7

    South Carolina divides marital property by equitable apportionment in a divorce, so the division of property and debts belongs in a marital settlement agreement rather than the separation itself; see the South Carolina marital settlement agreement page.

Key decisions before you file

Before you file a Legal Separation Agreement in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.

Open the Legal Separation Agreement guide

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SEPARATION AGREEMENT (SOUTH CAROLINA)

South Carolina Family Court, [COUNTY] County (if an order is sought) In re: [SPOUSE 1 FULL NAME] and [SPOUSE 2 FULL NAME]

This Separation Agreement is made between [SPOUSE 1 NAME] and [SPOUSE 2 NAME], who were married on [MARRIAGE DATE] and began living separate and apart on [DATE OF SEPARATION].

Status and availability. South Carolina does not recognize a legal-separation status, so no court issues a decree of legal separation. The parties understand they remain legally married and that neither may remarry unless and until the marriage is ended by a divorce. The available court vehicle is an Order of Separate Support and Maintenance from the Family Court (S.C. Code Ann. 20-3-140, 63-3-530); this written agreement sets the parties' terms and may be presented to the court.

Separate residences. The parties are living in separate residences. They understand that living in separate bedrooms in the same house does not count as living separate and apart in South Carolina, and that continuous living apart for one year is South Carolina's no-fault ground for a later divorce.

Support. Separate maintenance and support means periodic payments made while the parties live separately and a divorce is not sought (S.C. Code Ann. 20-3-130(B)(5)); the same principles that control alimony in a divorce apply to allowances in a separate support action (S.C. Code Ann. 20-3-140). The parties agree that [spousal support of $[AMOUNT] per month shall be paid by ___ to ___ beginning [DATE] / neither party shall pay spousal support]. Child support is set under the South Carolina Child Support Guidelines and remains subject to court approval and modification.

Conversion to a later divorce. This agreement does not end the marriage, and the parties remain married until a divorce is granted. If the parties later decide to divorce, South Carolina allows a no-fault divorce after they have lived separate and apart without cohabitation for one continuous year, and the terms of this agreement may be presented to the court and carried into the divorce.

Property and debts. South Carolina divides marital property by equitable apportionment. Because that division is the same one used in a divorce, the parties set it out in a South Carolina marital settlement agreement rather than repeat it here; see South Carolina Marital Settlement Agreement. The parties agree that: [SUMMARIZE OR ATTACH the division of marital property and debts, or state it is addressed in an attached marital settlement agreement].

Children and parenting. The parties have [NUMBER] minor child(ren): [NAME(S) AND DATE(S) OF BIRTH]. Custody, visitation, and child support are [DESCRIBED HERE / set out in an attached parenting plan]. Custody and child support remain subject to court approval and modification in the best interests of the children.

Signatures. Each party signs this agreement freely.

[SPOUSE 1 SIGNATURE] Date: ______ [SPOUSE 2 SIGNATURE] Date: ______

This South Carolina document follows the South Carolina Code. If you decide to end the marriage, see South Carolina Divorce Petition. For the generic template and other states, see the Legal Separation Agreement hub.

South Carolina Requirements for Legal Separation Agreement

No Legal-Separation Status Decree

South Carolina does not recognize a legal-separation status, so no court issues a decree of legal separation. The couple remains legally married until a divorce ends the marriage (S.C. Code Ann. 20-3-140, 63-3-530).

Order of Separate Support and Maintenance

The Family Court can enter an Order of Separate Support and Maintenance that supports a spouse and can address custody, visitation, child support, and temporary use of the marital home while the couple lives apart (S.C. Code Ann. 20-3-140, 63-3-530).

Definition of Separate Maintenance

Separate maintenance and support means payments made periodically when the parties live separately and a divorce is not sought (S.C. Code Ann. 20-3-130(B)(5)). The same principles that control alimony in a divorce apply to allowances in a separate support action (S.C. Code Ann. 20-3-140).

Marriage Not Dissolved

A South Carolina separate support and maintenance order does not dissolve the marriage. The couple stays married and neither spouse may remarry unless the marriage is later ended by a divorce.

Must Live in Separate Residences

To obtain a South Carolina order and to establish a separation, the spouses must live in separate residences. Living in separate bedrooms in the same house does not qualify as living separate and apart. Continuous living apart for one year is the state's no-fault divorce ground.

Equitable Apportionment of Marital Property

South Carolina divides marital property by equitable apportionment. Because this is the same division used in a divorce, set it out in a South Carolina marital settlement agreement rather than in the separation itself.

A Written Agreement Fixes Rights

Living apart alone does not fix the couple's rights. A written separation agreement, or a Family Court order, sets enforceable terms on property, debts, support, and parenting during the separation and can carry into a later divorce.

Reasons to Separate Rather Than Divorce

Couples separate rather than divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security benefits, for religious reasons, or to set terms while deciding whether to divorce. Confirm insurance effects with the plan, since many treat a separation like a divorce.

Frequently Asked Questions

It is a Family Court order that provides support to a spouse and can address custody, visitation, child support, spousal support, and temporary use of the marital home while a couple lives apart (S.C. Code Ann. 20-3-140, 63-3-530). Separate maintenance and support means periodic payments when the parties live separately and a divorce is not sought (S.C. Code Ann. 20-3-130(B)(5)). It does not dissolve the marriage.

A South Carolina divorce ends the marriage, so both people are single again and free to remarry. A separation does not: the couple lives apart, and a separate support and maintenance order or a written agreement can fix support, custody, and use of the home, but the marriage stays in place and neither spouse may remarry (S.C. Code Ann. 20-3-140). South Carolina has no legal-separation status decree.

Yes. To obtain an Order of Separate Support and Maintenance, and to establish a separation, the spouses must live in separate residences. Living in separate bedrooms in the same house does not qualify as living separate and apart in South Carolina. Continuous living apart for one year is also the state's no-fault ground for divorce, so the separation date matters for a later divorce.

In an action for separate support and maintenance the same principles that control alimony in a divorce apply to allowances of alimony and suit money (S.C. Code Ann. 20-3-140), and the court can set child support and custody. Marital property is divided by equitable apportionment, generally in a divorce, so the division of property and debts is set out in a South Carolina marital settlement agreement rather than repeated here.

Yes. Living apart alone does not fix the couple's rights. A written separation agreement, or a Family Court order, is what sets enforceable terms on property, debts, support, and parenting during the separation. A South Carolina court can approve a fair agreement, and its terms can carry into a later divorce. Without an agreement or order, each spouse's rights remain unsettled.

Some couples separate rather than divorce to keep a spouse on health insurance, though many plans treat a separation like a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits. Others separate for religious reasons or to set terms while they decide whether to divorce. A separation keeps the marriage in place while the couple lives apart.