Legal Question in Family Law in South Carolina

separation

what is the difference between a legal separation and a separate maintenence agreement? my wife and i have been living apart for a month and i have agreed to pay her $225.00 bi-weekly and this is on file with the Dept of Social Service. she has custody of the children and i am not contesting that. do we still need to file for a legal separation or will this agreement be upheld in court when it comes time to file for divorce?


Asked on 12/29/00, 2:04 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: separation

A separation is just that, its a separation that simply means that the parties are separated. Separate maintenence is the name for one party providing another party some sort of support during the separation. As far as it being upheld in court when you go for the divorce, I couldn't answer that question without reviewing it.

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Answered on 1/06/01, 5:05 pm


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