South Carolina
Does South Carolina Allow Legal Separation? Separate Maintenance
Independently fact-checked against primary sources (last audited October 8, 2026). · 5 primary sources cited on this page. How we verify our legal content
South Carolina's code does not set up a stand-alone "legal separation" action with its own grounds and procedure. What spouses who want to live apart without divorcing can use is an action for separate support and maintenance in family court, described in S.C. Code 20-3-130 and heard under the family court's jurisdiction in 63-3-530.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers how spouses live apart without divorcing under South Carolina law: separate support and maintenance under S.C. Code 20-3-130, the property rules in 20-3-620 and 20-3-630, and the family court's powers under 63-3-530. It does not cover the grounds, residency rule or venue for a separate maintenance action, support amounts, or other states' law. For divorce grounds and residency, see South Carolina divorce laws.
Does South Carolina have legal separation?
Not as a separately defined action. South Carolina's Title 20 has five chapters (Marriage, Divorce, Protection from Domestic Abuse, Property Rights of Married Women, and the repealed Children's Code). Chapter 3, Divorce, runs from 20-3-10 to 20-3-690, and none of its sections establishes a legal-separation action with its own grounds or procedure.
The phrase "legal separation" does appear in the code, but only in lists. The family court jurisdiction statute, S.C. Code 63-3-530(A)(2), gives the court power:
"to hear and determine actions for divorce a vinculo matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in the actions in and to the real and personal property of the marriage and attorney's fees"
Section 20-3-140 also names legal separation. Because no section defines what a legal-separation decree is or how to get one, this page does not cover whether the family court issues a decree under that name that differs from separate maintenance. The action the code does describe is separate support and maintenance.
Separate support and maintenance: what it is
S.C. Code 20-3-130(B)(5) lists separate maintenance and support among the forms of support the family court can award. Its uses may include, but are not limited to:
"circumstances where a divorce is not sought, but it is necessary to provide for support of the supported spouse by way of separate maintenance and support when the parties are living separate and apart."
The same subsection says it is "to be paid periodically, but terminating upon the continued cohabitation of the supported spouse, upon the divorce of the parties, or upon the death of either spouse." Because it ends "upon the divorce of the parties," the spouses remain married while it is in place.
E.D.M. v. T.A.M., 307 S.C. 471 (1992), is an example of the action in practice: the family court entered a decree of separate support and maintenance with alimony, and the Supreme Court of South Carolina reversed the alimony and attorney's fee awards after weighing the alimony factors.
Grounds and residency
This page does not cover the grounds for a separate support and maintenance action. The divorce grounds in S.C. Code 20-3-10 are written for divorce, and no section cited here lists separate grounds for separate maintenance.
Residency is also outside this page's scope. The one-year rule in S.C. Code 20-3-30 (three months if both spouses are residents) is written for "an action for divorce from the bonds of matrimony." Section 63-3-530(A)(31) and (32) address residence and domicile for spousal support petitions. Ask the family court clerk in your county or a South Carolina lawyer what applies to your case before filing.
What the family court can order
| Issue | What the statute says | Cite |
|---|---|---|
| Spousal support | The court "may grant alimony or separate maintenance and support ... pendente lite, and permanently" | 20-3-130(A) |
| Fees | The court may award attorney fees and expert fees "in actions for separate maintenance and support" | 20-3-130(H) |
| Property | "In a proceeding for divorce a vinculo matrimonii or separate support and maintenance ... the court shall make a final equitable apportionment between the parties of the parties' marital property upon request by either party in the pleadings." | 20-3-620(A) |
| Custody and child support | The family court has jurisdiction "to hear and determine any questions of support, custody, separation, or any other matter over which the court has jurisdiction" | 63-3-530(A)(30) |
| Support after a spouse leaves | The court may order support of a spouse and children "even though he or she may have left the home," where the other spouse's conduct, condition or cruel or inhuman behavior made it unsafe or improper to stay | 63-3-530(A)(18) |
Note the property rule: apportionment in a separate maintenance case happens "upon request by either party in the pleadings." For how alimony amounts are set, see South Carolina alimony laws. For custody standards, see South Carolina child custody laws.
How a separate maintenance case affects property, alimony and your name
Several statutes tie real consequences to a separate maintenance case or a signed agreement.
Property acquired afterward. S.C. Code 20-3-630(A)(2) treats as nonmarital property anything acquired by either spouse after the earliest of: "(a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support."
The adultery bar on alimony. Under S.C. Code 20-3-130(A), "No alimony may be awarded a spouse who commits adultery before the earliest of ... (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support." The bar in that sentence is tied to adultery committed before the earlier of those two events.
Name. S.C. Code 20-3-180 provides that "The court, upon the granting of final judgment of divorce or an order of separate maintenance, may allow a party to resume a former surname or the surname of a former spouse."
Inheritance. Under S.C. Code 62-2-802(a), "A decree of separate maintenance that does not terminate the status of husband and wife is not a divorce" for probate purposes. But under 62-2-802(b)(3), a spouse who was a party to a proceeding concluded by an order "purporting to terminate all marital property rights or confirming equitable distribution between spouses" is not treated as a surviving spouse for intestate succession, the elective share and related probate rights, unless the two were living together as husband and wife at the time of death. Under 62-2-204(B), unless it provides otherwise, a complete property settlement made after or in anticipation of separation waives each spouse's elective share, homestead allowance and exempt property and disclaims what would otherwise pass to that spouse by intestate succession or under a will signed before the settlement.
Separation agreements without a court case
Spouses can also settle support and property by written agreement. S.C. Code 20-3-130(G) provides that the family court "may review and approve all agreements which bear on the issue of alimony or separate maintenance and support," and adds:
"The failure to seek a divorce, separate maintenance, or a legal separation does not deprive the court of its authority and jurisdiction to approve and enforce the agreements."
Signing a written property or marital settlement agreement also starts the nonmarital-property clock in 20-3-630(A)(2) and affects the adultery bar in 20-3-130(A), described above.
When separate maintenance ends, and moving to divorce
Under 20-3-130(B)(5), separate maintenance ends on the supported spouse's continued cohabitation, the parties' divorce, or either spouse's death. Section 20-3-130(B) defines continued cohabitation in terms of the supported spouse living in a romantic relationship for 90 or more consecutive days.
If either spouse later wants a divorce, one ground is S.C. Code 20-3-10(5): "on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year." This page does not cover a procedure for converting a separate maintenance order into a divorce decree; a divorce is a separate request.
Filing fee and court resources
The South Carolina Judicial Branch's family court fee schedule lists a $150 filing fee for "Divorce, Annulment, and Separate Support and Maintenances Actions." This page does not cover a separate-maintenance forms packet; the family court clerk can explain local filing steps.
Disclaimer: This article provides general legal information about separate support and maintenance under South Carolina law, including S.C. Code 20-3-130, 20-3-620, 20-3-630 and 63-3-530. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific situation, consult a lawyer licensed in South Carolina or the South Carolina Judicial Branch's self-help resources.
Related
- Legal separation laws in every state
- South Carolina divorce laws
- South Carolina alimony laws
- South Carolina child custody laws
- South Carolina child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Is there legal separation in South Carolina?
South Carolina's divorce chapter (20-3-10 to 20-3-690) has no section creating a legal-separation action with its own grounds and procedure. Spouses who want to live apart without divorcing use an action for separate support and maintenance under S.C. Code 20-3-130.
What is separate maintenance in South Carolina?
It is periodic support the family court can order when a divorce is not sought and the spouses are living separate and apart (S.C. Code 20-3-130(B)(5)). It ends on the supported spouse's continued cohabitation, divorce, or either spouse's death.
Can the court divide property without a divorce in South Carolina?
Yes. S.C. Code 20-3-620(A) requires a final equitable apportionment of marital property in a separate support and maintenance proceeding when either party requests it in the pleadings.
How long do you have to be separated to get a divorce in South Carolina?
One divorce ground under S.C. Code 20-3-10(5) is that the spouses have lived separate and apart without cohabitation for one year, and either spouse may apply on that ground.
Does South Carolina enforce separation agreements?
S.C. Code 20-3-130(G) lets the family court review and approve agreements on alimony or separate maintenance, and says failing to seek a divorce, separate maintenance or legal separation does not take away its power to approve and enforce them.
How much does it cost to file for separate maintenance in South Carolina?
The South Carolina Judicial Branch lists a $150 filing fee for divorce, annulment, and separate support and maintenance actions.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 20: DOMESTIC RELATIONS
§ 20-3-130Award of alimony and other allowancesIn forcecited in 4 of our articles
(A) In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently. No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. (B) Alimony and separate maintenance and support awards may be granted pendente lite and permanently in such amounts and for periods of time subject to conditions as the court considers just including, but not limited to: (1) Periodic alimony to be paid but terminating on the remarriage or continued cohabitation of the supported spouse or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances occurring in the future.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 136 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Rutherford v. Rutherford (Supreme Court of South Carolina 1992, 307 S.C. 199)“…statutory bar of alimony applicable to adulterous spouses. S.C. Code Ann. § 20-3-130 (1985). The trial judge denied the Hus…”
- Doe v. Doe (Court of Appeals of South Carolina 1995, 319 S.C. 151)“…d argues the wife is not entitled to alimony. We disagree. S.C. Code Ann. § 20-3-130 (Supp. 1994) outlines the factors a co…”
- McKinney v. Pedery (Supreme Court of South Carolina 2015, 413 S.C. 475)“…nthia Hamby, and a substantial change of circumstances. See S.C. Code Ann. § 20-3-130(B)(1) (Supp. 2012) (providing that peri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Alimony Laws: Types, Fault, and Permanent Alimony (2026), South Carolina Divorce Laws (2026): Grounds, Residency, and Process, South Carolina Prenuptial Agreement Laws: Hardee Test and 20-3-630
§ 20-3-140Allowance of alimony and suit money in suits for separate support and maintenance and similar actionsIn force
In all actions for separate support and maintenance, legal separation, or other marital litigation between the parties, allowances of alimony and suit money and allowances of alimony and suit money pendente lite shall be made according to the principles controlling such allowance and actions for divorce a vinculo matrimonii.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 20-3-620Apportionment factorsIn forcecited in 2 of our articles
(A) In a proceeding for divorce a vinculo matrimonii or separate support and maintenance, or in a proceeding for disposition of property following a prior decree of dissolution of a marriage by a court which lacked personal jurisdiction over an absent spouse or which lacked jurisdiction to dispose of the property, and in other marital litigation between the parties, the court shall make a final equitable apportionment between the parties of the parties' marital property upon request by either party in the pleadings.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 20-3-630Marital property; nonmarital propertyIn forcecited in 2 of our articles
(A) The term "marital property" as used in this article means all real and personal property which has been acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation as provided in Section 20-3-620 regardless of how legal title is held, except the following, which constitute nonmarital property: (1) property acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse; (2) property acquired by either party before the marriage and property acquired after the happening of the earliest of: (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (3) property acquired by either party in exchange for property described in items (1) and (2) of this section; (4) property excluded by written contract of the parties.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 20-3-10Grounds for divorceIn forcecited in 2 of our articles
No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or (5) on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2011
Opinions citing this section in our collection:
- Rgm v. Dem (Supreme Court of South Carolina 1991, 306 S.C. 145)“…the grounds of one year continuous separation pursuant to S.C. Code Ann. § 20-3-10 (5) (1976), as amended, denying alimony…”
- Rutherford v. Rutherford (Supreme Court of South Carolina 1992, 307 S.C. 199)“…ry, desertion, physical cruelty, and habitual drunkenness. S.C. Code Ann. § 20-3-10 (1985). 4 This am…”
- Miles v. Miles (Court of Appeals of South Carolina 1990, 303 S.C. 33)“…rce may be granted “[o]n the application of either party.” S.C. Code Ann. § 20-3-10 (5) (1985). Courts in other states have…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
South Carolina Code of Laws, Title 63: SOUTH CAROLINA CHILDREN'S CODE
§ 63-3-530Jurisdiction in domestic mattersIn forcecited in 6 of our articles
(A) The family court has exclusive jurisdiction: (1) to hear and determine matters which come within the provisions of the Uniform Interstate Family Support Act; (2) to hear and determine actions for divorce a vinculo matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in the actions in and to the real and personal property of the marriage and attorney's fees, if requested by either party in the pleadings; (3) to hear and determine actions for and related to the adoption of children and adults; (4) to hear and determine actions for termination of parental rights, whether such action is in connection with an action for adoption or apart therefrom; (5) (Reserved) (6) to hear and determine actions for the annulment of marriage; (7) (Reserved) (8) to hear and determine actions for changing names, whether in connection with a divorce or a separate support and maintenance action or apart therefrom; (9) to hear and determine actions for the correction of birth records; (10) to consent to the enlistment of a minor in the military service or the…
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 73 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):South Carolina courts use this section's exclusive-jurisdiction list to fix which court may act. Brown v. Sojourner (2018) held a circuit court had no subject matter jurisdiction to relitigate an annulment, and Wardlaw v. S.C. Dep't of Soc. Servs. (2019) held the family court could order DSS to remove a name from the child abuse Registry.
Opinions citing this section in our collection:
- Clark v. Clark (Court of Appeals of South Carolina 2018, 815 S.E.2d 772)✓A mother challenged the joint-custody award for her daughter after a contested divorce. Citing section 63-3-530(A)(42) as the family court's authority to order joint custody in a child's best interests, the court found exceptional circumstances and affirmed the award.
- Randall Seels v. Joe Smalls (Supreme Court of South Carolina 2022)“…urt are set forth in the South Carolina Code. See generally S.C. Code Ann. § 63-3-530 (2010 & Supp. 2021) (family court); S.C…”
- Murphy v. Collins (In re Fields) (Court of Appeals of South Carolina 2018, 424 S.C. 627)“…es not vanish just because public assistance appears. See S.C. Code § 63-3-530(A)(14) (2010) (empowering the family co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Emancipation Laws: How Minors Become Emancipated in South Carolina (2026), South Carolina Child Support Laws (2026): Guidelines & Calculator, South Carolina Grandparents' Rights: Visitation and Custody Laws
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Sources and References
- S.C. Code Title 20, Chapter 3, Divorce (20-3-10, 20-3-30, 20-3-130, 20-3-140, 20-3-180, 20-3-620, 20-3-630)(scstatehouse.gov).gov
- S.C. Code Title 63, Chapter 3, Family Courts (63-3-530)(scstatehouse.gov).gov
- S.C. Code Title 20, Domestic Relations, chapter list(scstatehouse.gov).gov
- E.D.M. v. T.A.M., 307 S.C. 471 (1992), full opinion (Caselaw Access Project)(static.case.law)
- South Carolina Judicial Branch, Family Court filing fees(sccourts.org).gov
- S.C. Code Title 62, Article 2, Intestate Succession and Wills (62-2-204, 62-2-802)(scstatehouse.gov).gov