This is a trick question. Technically, in South Carolina, there is no such thing as a "Legal Separation." However, you can get an "Order of Separate Maintenance and Support" in this state. When most people use the term, legal separation, they do not realize (or care) that they are using the wrong legal term. Legal scholars have written books about the difference between these two terms. Most of the time, the Family Court Judge is the only person who really cares what it is called. In fact, most lawyers will also call it a legal separation. When you hear someone say that they got a legal separation, what that person really received was an Order of Separate Maintenance and Support.

"What is the Difference between Divorce and Separation?"

A Divorce Decree and an Order of Separate Maintenance and Support share many similarities and a few important differences. An Order of Separate Maintenance and Support is just as final and just as permanent as a Divorce Decree concerning property issues. Once the judge signs the order, neither spouse can be forced to give marital property that has been divided (house, bank accounts, etc.) back to the other spouse. An Order of Separate Maintenance and Support will generally address all of the same issues as a Divorce Decree (such as alimony, child custody, division of property, etc.) except for the issue of divorce. Sometimes there are good reasons to not get divorced right away. If you and your spouse desire, you can remain "separated" for years without getting divorced. However, after an Order of Separate Maintenance and Support is signed by a judge, either party can later ask for a divorce by simply filing another lawsuit. A name change can be granted in either a Divorce or an Order of Separate Maintenance and Support. "Grounds" are not needed to seek an Order of Separate Maintenance and Support. Neither party has to prove that the other was responsible for the break-up of the marriage.


"What Happens if We Get Back Together?"

If you and your spouse reconcile (get back together and resume living together as husband and wife) ongoing child support and alimony payments should end. However, property that was divided, remains divided, until you and your spouse do something to place it back into joint title (such as signing a joint deed for a house).

This Webpage is only a brief overview of Separation in South Carolina. Only a licensed, qualified attorney who practices in the Family Court can adequately address your individual needs and questions.