[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"No. When spouses separate in South Carolina, it only means that they are living apart from one another in different homes. As an alternative to legal separation, South Carolina family courts issue Orders of Separate Support and Maintenance. This type of order specifies how separating parties will handle issues like property division,\u00a0alimony, custody, and child support before the parties obtain a divorce order that legally terminates their marriage. Importantly, a couple with an Order of Separate Support and Maintenance remains legally married until the court grants their divorce order.","@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"Pursuing a legal separation pending divorce is beneficial for multiple reasons, even though South Carolina will not formally recognize the separation. An Order for Separate Support and Maintenance can protect each spouse\u2019s financial interests and the financial needs of minor children during the separation period.","@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"An Order of Separate Support and Maintenance is a temporary legal order that outlines how separating spouses will handle finances, child-rearing, and other essential issues while separated, whether or not they intend to pursue divorce. Orders of Separate Support and Maintenance come into play in many divorces because South Carolina requires parties to live separately for at least one year to obtain a no-fault divorce.","@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"The key difference between a legal separation and a divorce is that South Carolina still considers a couple legally married even when they are separated. As a result, partners who have separated but not divorced cannot remarry, whether or not they live apart. Remember that dating other people when you are legally separated from your spouse could give them grounds for an at-fault divorce on the basis of adultery, which could harm your legal case.","@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Is Legal Separation the Same as Divorce?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Answer"},"@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Question"},{"@type":"Question","name":"What Are the Benefits of Legal Separation Pending Divorce?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Answer1"},"@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Question1"},{"@type":"Question","name":"What Is an Order of Separate Support and Maintenance?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Answer2"},"@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Question2"},{"@type":"Question","name":"What Can I Do When Divorced That I Cannot Do When Legally Separated?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Answer3"},"@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#Question3"}],"name":"5 Common Questions About Legal Separation in South Carolina","@id":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#FAQPage"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"5 Common Questions About Legal Separation in South Carolina","item":"https:\/\/www.mtllawfirm.com\/blog\/questions-about-legal-separation\/#breadcrumbitem"}]}]