Updated January 31, 2024
A South Carolina separation agreement is a contract between married couples that lets them decide on terms that will govern a period in which they are no longer living as spouses.
In South Carolina, courts recognize separation as only a temporary legal process called separate maintenance, which means couples can petition courts for things like spousal support and child support, but generally cannot decide on permanent ownership of marital assets.
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
Related Forms
Download: PDF, MS Word, OpenDocument
Download: PDF, MS Word, OpenDocument