Legal Question in Family Law in South Carolina

My husband and I are married and are living in the same household(different bedrooms), and that's as far as the relationship stands.I work full time and have been the primary breadwinner for the past six years. My husband will get odd jobs here and there but not much to contribute to the household. He's living with me for the kids' sake because he has no other housing options . He claims by law he is entiltled to part of my paycheck because we're married. Is this so? Is a legal separation the cheapest way to protect my earnings?

Thanks


Asked on 10/09/09, 4:00 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

No, he is not necessarily entitled to half of your income by any means. He will be entitled to a portion of the marital estate, but typically incomes are not considered assets like that. From the limited information you provided, it sounds as though a legal separation will probably be your best option.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/14/09, 9:47 pm


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