The procedure for filing a case in Family Court is as follows: one of the spouses, who will be the Plaintiff, files a Summons and Complaint for an Order of Separate Maintenance and Support, and a Notice and Motion for Temporary Relief, or has his or her attorney do so.Once filed, the Summons, Complaint, and Notice and Motion for Temporary Relief are personally served upon the other spouse or his or her attorney.Parties may not agree to allow each other to date or have sex with other people while they are still married to each other, for example, because that is illegal in South Carolina.Parties may agree to waive his and her marital interest in the estate of the other spouse, in the event that he or she should die prior to the divorce being finalized.
A spouse who commits adultery in South Carolina isn’t eligible to receive alimony.
A 2013 study found that in over 40 percent of marriages, one or both spouses admit to having had at least one affair.
The study also found that most of these marriages end in divorce.
“Reimbursement alimony” is awarded when the court believes one spouse should reimburse the other for things paid for during the marriage, such as an education or job training.
“Separate maintenance” is alimony paid when the spouses don’t get divorced, but live separate and apart while one spouse still needs financial help from the other.