Legal Separations in South Carolina
The South Carolina Supreme Court recently made an important ruling regarding spousal separations in the case of Theisen v. Theisen, Opinion No. 27041.
"Legal Separation" is actually a misnomer in South Carolina. The legal name for the action is "Separate Maintenance and Support." The purpose of such an action is for one spouse to seek support from the other spouse when they are living separate and apart. The novel issue in this case was whether such an action could be brought while the spouses were still living in the same household, even if living in separate bedrooms. The court held that spouses must actually be separated and living in separate households before either can bring such an action.
We have learned that there is some misunderstanding of the holding in this case. Here, the plaintiff spouse did not ask the court for a divorce, but only for support while living separate and apart from the defendant spouse. Where a spouse files an action for divorce on the fault grounds of adultery, physical cruelty or habitual intoxication, the spouses do not have to be living separate and apart at the time the action is filed.
- 5 months ago
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