• Legal separation is an alternative to divorce that allows spouses to end the relationship and divide their lives without terminating their marriage. In South Carolina, a legal separation proceeding is called an "order of separate maintenance and support." A court will divide property, award spousal maintenance (alimony) and decide child custody.
  
  

Benefits

• Spouses choose legal separation over divorce for several reasons. If divorce is against their religious beliefs, separation may be an acceptable alternative. Additionally, separation allows spouses to still enjoy tax benefits and maintain health insurance coverage.
  
  

Process

• One spouse can file a summons and complaint with the clerk of the Family Court in her county of residence. That spouse, the plaintiff, must state that the spouses have been living "separate and apart." The court clerk will sign the summons, and it and the complaint will be served on the other spouse, the defendant. The defendant must reply within 30 days of service. The spouses can then create a separation agreement addressing property, maintenance and custody. If they can't do so, a court will decide the outstanding issues using the same criteria as if the spouses were divorcing.
  
  

Property

• A spouse can maintain ownership of any separate property, which includes anything acquired before the marriage and any family inheritance or gift received during the marriage. All other marital property is divided "equitably." "Equitable distribution" means fair, but not always equal. A court will consider any marital misconduct (such as abuse or adultery) that led to the separation, the length of the marriage, the value of the marital property, each spouse's income and which spouse has custody of the children. Custody is an especially important factor in determining which spouse will receive the marital residence.
  
  

Maintenance

• Maintenance may be awarded if one spouse cannot be self-supporting with his property award and individual income. The court must examine the length of the marriage, whether the requesting spouse's age or a health condition prevents him from maintaining employment, the requesting spouse's education and employment history, the requesting spouse's current income, if any, and whether the spouse requires training or education in order to obtain sufficient employment to be self-supporting.
  
  

Custody

• Separating parents, regardless of gender, have an equal right to custody of their children. The court will decide custody only on "the best interests of the child." Factors include each spouse's financial circumstances, the child's welfare, the child's religion and whether it differs from either parent's, and the child's preference.