Greenville Divorce Lawyer Provides Clarity On Separate Support Maintenance
Reliable counsel for South Carolina spouses who wish to live apart without divorcing
South Carolina family law offers an option for individuals in troubled marriages who seek to live apart from their spouse, and retain some financial support from them, without resorting to divorce. Known elsewhere as “legal separation,” this option is called "separate support and maintenance" in South Carolina. At McManaway Law, LLC in Greenville, I often counsel clients on this alternative if they’re not ready to terminate their legal marriage.
What is separate support and maintenance in South Carolina?
Separate support and maintenance is a court-ordered arrangement where one spouse provides financial support to the other while they maintain separate residences. If necessary, An order can be issued to divide all marital property, allocate child support and adjudicate any other matter that needs to be addressed. Separate support and maintenance does not dissolve the union; the spouses remain legally married and are not free to marry anyone else.
Legal requirements for separate support and maintenance
To obtain an order for separate support and maintenance, the spouses must live apart with no intention to reconcile. The petitioning spouse may cite marital misconduct, such as adultery or abuse, but many separate support and maintenance actions are used for the mandatory one-year separation period that must precede a no-fault divorce. Under S.C. Code § 20-3-30, there are three possible situations which meet the residency requirements:
- The plaintiff must have resided in this State at least one year prior to the commencement of the action.
- If the plaintiff is a nonresident, the defendant must have resided in this State for this period.
- Provided that both parties are residents of the State when the action commences, the plaintiff must have resided in this State only three months prior to the commencement of the action.
The court also addresses child custody, visitation and child support as part of the arrangement.
Reasons for separate support and maintenance petitions
There are several reasons why some South Carolinians seek separate support and maintenance instead of immediately pursuing divorce, including:
- Preservation of the marriage — Since the marriage is intact, spouses can share benefits, such as healthcare coverage or military benefits.
- Financial support — The recipient spouse can obtain an enforceable court order for alimony and/or child spousal support during the separation.
- Establishment of child custody terms — The court can establish a parenting time schedule, assigning physical custody, legal custody and visitation as appropriate. Each parent typically has enforceable rights per the court order.
- Potential reconciliation — Couples who need time apart don’t have to commit to divorce, so the door is open to reconciliation.
This arrangement can also save time in the future, if the couple wants to finalize a divorce.
When to consider separate support and maintenance
Separate support and maintenance can be a viable option for spouses in difficult marital situations, where one or more of the following factors is present:
- Substance abuse or domestic violence — For safety reasons, you might have to live apart from an addicted or abusive spouse. However, when an abuser sincerely seeks help through counseling, the marriage might be saved in time.
- Uncertainty about permanently ending the relationship — You might feel a personal or emotional need to live apart without being ready to commit to divorce. Separate support and maintenance provides the space to assess the marital relationship.
- Religious convictions regarding divorce — Due to religious reasons, some people do not want to contemplate divorce.
- Spousal benefits — If one party is receiving spousal benefits or is about to qualify, as in the case of a military pension, divorce can cause undue financial hardship.
An experienced divorce lawyer can help you weigh the pros and cons of this option.
Legal process for obtaining separate support and maintenance
The legal process for obtaining separate support and maintenance in South Carolina is relatively straightforward but requires attention to detail. If the separation is uncontested, you will need to do the following:
- File a complaint
- Have a complete and full settlement agreement drawn up.
- Spouse accepts service
- Both parties attend a hearing and ask the court to approve the agreement thereby making it an order of the court.
If the matter is contested, these are the steps:
- File a complaint and a motion for temporary relief
- Serve the spouse
- Attend a contested hearing
- The court will render a temporary order.
- If needed, the discovery process will begin
- Attend mandatory mediation
- If there is a mediated agreement then attend a hearing to have the court approve the agreement.
At any stage, the parties may decide to settle the case and may not need to go through every step. After the hearing, the judge will issue an order specifying the amount of financial support, custody arrangements and other relevant details. It is essential to consult a family law attorney who can protect your legal rights throughout the process.
Contact a Greenville attorney to discuss separate support and maintenance
McManaway Law, LLC in Greenville provides representation for Upstate South Carolina residents in cases seeking separate support and maintenance and other matters. Please call 864-428-8912 or contact me online for a consultation.
