Download South Carolina Marital Separation Agreement Form [PDF]

The South Carolina marital separation agreement form is a legal document that defines rules for couples who decide to live separately but remain married. Such an agreement should address topics like child custody, alimony, or the division of marital property.

A separation agreement form is for spouses who can compromise and agree on all terms needed in the separation process. If they cannot agree on the terms or if their life circumstances are not simple, then seeking legal assistance is advised.

Is a Separation Agreement Legal in South Carolina?

Yes, a separation agreement is legal in South Carolina. Spouses who wish to separate can draft a separation agreement and notarize it.

Laws and Legal Requirements for a Marital Separation Agreement in South Carolina

The laws and legal requirements for a marital separation agreement in South Carolina provide security for married couples in the separation process. It is important to note that South Carolina does not recognize “legal separation,"  which means that an agreement cannot be verified by the court.

Spouses can still make the separation agreement and enforce it as a regular contract. Alternatively, spouses could file for “separate maintenance and support,” as stated in Section 20-3-130 of the South Carolina Code of Laws.

The court will consider various factors when deciding on financial support, like the length of the marriage, the spouses’ health, or work ability.

Signing Requirements for a Marital Separation Agreement in South Carolina

The signing requirements for a marital separation agreement in South Carolina are generally similar to those in most states. Typically, both spouses must sign the document voluntarily and fully comprehend its terms and conditions. 

A separation agreement should be notarized to add an extra layer of validity.

What Does a Marital Separation Agreement in South Carolina Cover?

A marital separation agreement in South Carolina covers many terms that define the separation process. Some of them address very important matters that must be included in the separation agreement template, such as:

Spouses should also state whether the separation is temporary or permanent. This is because temporary separation means that spouses just want some time to think and that they are open to reconciliation.

Permanent separation leads to divorce, and all matters should be handled carefully because a separation agreement can be used in the divorce process.

There are also matters that should not be part of a separation agreement, like future inheritance, illegal provisions, or investments made after marriage.