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South Carolina Separation Agreement

A South Carolina separation agreement is a contract used by married couples to set terms for a period during which they no longer live together. South Carolina courts recognize separation only as a temporary legal process called separate maintenance, and couples generally cannot use the agreement to make permanent arrangements.
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Updated June 05, 2024

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Is a Separation Agreement Legal in South Carolina?

Yes, couples can create separation agreements, but courts retain jurisdiction to modify them whether or not the agreement is filed.[1]

Legal Separation Requirements

  • Filing Fee: $150
  • Residency: If only one spouse is a resident of the state, then that spouse must have at least one year’s residence prior to filing, but if both spouses are residents, then the person filing need only have been a resident of the state for three months.[2]
  • Where to File: With the Family Court for the circuit covering the county where the filing spouse lives

Sample

Sources

  1. Moseley v. Mosier (1983)
  2. § 20-3-30