What is the difference between Separate Support and Maintenance and divorce in South Carolina, and when should each be used?

Separate Support and Maintenance is used when spouses are living apart but do not yet meet the legal requirements for divorce, such as the one year separation period. It allows the court to address key issues like custody, support, and property use while the marriage is still legally intact. Divorce, on the other hand, formally ends the marriage once statutory grounds are met.

What legal issues can be decided during a Separate Support and Maintenance action before a divorce is filed?

This type of action allows the court to issue orders related to child custody, visitation, child support, spousal support, and the use or division of marital property. These decisions can be temporary or final and often establish the framework that carries into a later divorce proceeding.

Can a Separate Support and Maintenance case be converted into a divorce later, or do I need to file a new case?

In most situations, the existing case can be amended once the legal requirements for divorce are met, such as completing one year of continuous separation. This avoids starting over and allows the court to build on prior orders already in place regarding custody, support, and property.

Do court orders issued during separation remain in effect after a divorce is finalized?

Orders issued during separation can remain in effect or be incorporated into the final divorce order, depending on the circumstances. In many cases, they serve as the foundation for final decisions, especially if they have already been working for both parties and the children involved.

Why is it important to start a legal separation action early instead of waiting until divorce eligibility?

Filing early allows you to establish enforceable court orders for financial support, parenting arrangements, and property use during the separation period. Without legal structure, disputes can escalate or remain unresolved, which can complicate the eventual divorce process.

Separation

When spouses do not yet have legal grounds for divorce, they may still file an action for Separate Support and Maintenance as soon as they begin living separate and apart.

Filing an action for Separate Support and Maintenance will begin the legal process of allowing the parties to resolve their marital concerns on both a temporary and a final basis. A Separate Support and Maintenance action allows parties to begin to address and resolve pertinent issues such as: use and division of property, child support, child custody, and alimony (or spousal support). Most of the time, a Separate Support and Maintenance action will be filed at the onset of a couple’s separation and after one year of separation, this action may be amended to seek a divorce.

Working with an experienced family law attorney who focuses on divorce and separation before starting this process is important and will help ease the burden of this often difficult process.

Schedule a Consultation

Frequently Asked Questions

Separate Support and Maintenance is used when spouses are living apart but do not yet meet the legal requirements for divorce, such as the one year separation period. It allows the court to address key issues like custody, support, and property use while the marriage is still legally intact. Divorce, on the other hand, formally ends the marriage once statutory grounds are met.
This type of action allows the court to issue orders related to child custody, visitation, child support, spousal support, and the use or division of marital property. These decisions can be temporary or final and often establish the framework that carries into a later divorce proceeding.
In most situations, the existing case can be amended once the legal requirements for divorce are met, such as completing one year of continuous separation. This avoids starting over and allows the court to build on prior orders already in place regarding custody, support, and property.
Orders issued during separation can remain in effect or be incorporated into the final divorce order, depending on the circumstances. In many cases, they serve as the foundation for final decisions, especially if they have already been working for both parties and the children involved.
Filing early allows you to establish enforceable court orders for financial support, parenting arrangements, and property use during the separation period. Without legal structure, disputes can escalate or remain unresolved, which can complicate the eventual divorce process.