A “separate maintenance” case addresses all the same issues involved in a divorce, except the parties do not actually get divorced. At the end of the case, the parties will have final custody orders, support orders, and property and debts will be divided. However, the parties will still be legally married.

What does separation maintenance mean?

Separate maintenance is a form of financial support that one spouse pays to the other, but not due to divorce. Instead, separate maintenance is paid in cases where two spouses are separated or, in some cases, when they are still married.

What is the order of separation?

A legal separation is a court-ordered agreement in which a married couple lives separate lives, usually by living apart. The separation court order may specify financial obligations, child custody and visitation agreements, and child support.

How do you separate SC?

An Order of Separate Support and Maintenance is an order issued by a family court judge. After you and your spouse are separated, you can file an agreement with the court, have it approved by the judge, and have what amounts to a legal separation. This is not a divorce; the parties are still married.

Does my husband have to support me if we separate?

In short, there is a common law duty imposed upon spouses to support each other whilst the marriage/civil partnership exists but what many people aren’t aware of is that the duty continues after separation as a result of statute. There is no automatic entitlement to spousal maintenance on divorce or dissolution.

Can I date while separated in SC?

In South Carolina, you are still married until a final divorce decree is signed by a judge. South Carolina law dictates that if you date while separated, then your spouse is allowed to make the argument that you are committing adultery, which could have some legal consequences.

What is separate support and maintenance in South Carolina?

An Order of Separate Maintenance and Support is a temporary order; it does not cover the issue of divorce, and it does not end the parties’ marriage. In South Carolina, the only way to obtain a no-fault divorce is to live separately for one year. Living separately occurs when spouses live in two different locations.