Legal Separation in South Carolina: The consequences for Greenville Couples 

At the David W. Martin Law Group, we recognize that couples may consider legal separation as an alternative to divorce when negotiating the difficulties of a marriage. Before choosing this option, Greenville couples should be informed of the unique ramifications and considerations that come with legal separation in South Carolina. We’ll discuss the idea of legal separation in South Carolina, how it affects couples in Greenville, and how our legal team can help you through the process in this blog article.

Legal Separation in South Carolina

Understanding Legal Separation

1. Definition: Living apart while still being married, is often called separate maintenance in South Carolina. Legal separation does not end the marriage, in contrast to divorce.
2. Important Characteristics:
Living Apart: To be eligible for a formal separation, spouses must have separate residences.
Division of Assets: During the separation time, the parties may decide how to split their assets and liabilities.
Child Custody and Support: During a formal separation, plans for child custody, visitation, and support may be arranged.
Spousal Support: During the separation period, the court can order alimony or spousal support payments.

Consequences for Greenville Couples

1. Marital Property: In the event of a divorce, assets obtained during the separation time may still be deemed marital property and be divided accordingly.
Asset Protection: By obtaining a legal separation, you can avoid having assets obtained after the separation date be viewed as marital property.
2. Parenting Plan: For children, creating a formal parenting plan during a legal separation can offer stability and structure.
Child Support Requirements: During the separation phase, the court has the authority to mandate that one spouse pay the other child support.
3. Alimony Payments: Depending on their individual financial circumstances, spouses may be required to pay or receive alimony during a legal separation.

How the attorneys at the David W. Martin Law Group Can Assist

1. Legal Guidance: Our skilled attorneys can offer individualized legal guidance based on your unique situation, assisting you in realizing your rights and choices regarding a legal separation.
2. Agreement Drafting: We help Greenville couples create thorough separation agreements that cover important topics like support, alimony, child custody, and division of property.
3. Court Representation: Our team of attorneys is equipped to defend your interests in court hearings, guaranteeing that your rights are upheld, should disagreements emerge throughout the legal separation process.

Contact Us at David W. Martin Law Group Today

For Greenville couples looking to live apart while keeping their marital status, legal separation may be a good option. But it’s crucial to comprehend the ramifications and related legal issues. The David W. Martin Law Group is dedicated to giving Greenville couples facing the challenges of legal separation compassion and knowledgeable representation. Get in touch with us for an individual consultation to allow us to lead you expertly and skillfully through this difficult period.


Message Us


Call today to be our next satisfied legal client.

David W. Martin Law Group

Fort Mill Office

108 Springs Street
Fort Mill, SC 29715-1722

Indian Land Office

1061 Red Ventures Drive, Suite 145
Fort Mill, S.C. 29707

Greenville Office

910 E. North Street
Greenville, SC 29601

Spartanburg Office

324 East St. John Street, Suite F-2
Spartanburg, SC 29302

Rock Hill Office

331 Oakland Avenue
Rock Hill, SC 29730

Bluffton Office

110 Trader’s Cross, 1st Floor
Bluffton, SC 29909

Myrtle Beach Office

2411 N. Oak Street, Suite 301-M
Myrtle Beach, SC 29577

Mt. Pleasant Office

1240 Winnowing Way,
Suite 102 Office 1120
Mt. Pleasant, SC 29466

Columbia office

1501 Main Street,
Suite 507, Columbia, SC.

Contact Us

Text Us