South Carolina Marital Separation Agreement

Sep 16, 2026

South Carolina Marital Separation Agreement is a court-ready contract for dissolving a marriage and setting agreed terms between spouses. It defines the parties, marriage and separation dates, and grounds for divorce. The agreement addresses armed forces status, whether minor children exist (with details referenced to an attachment), and the parties’ financial disclosure or waiver. It further covers spousal support terms, conditions for changing or terminating support, health insurance allocation, marital home treatment, and the separate identification of each spouse’s property, with additional property and payment division items supported by attachments.

LanguageEnglish

CategoryForms

FormatPDF

Pages16

Reading Time6 min

AccessFree to download

I. THE PARTIES

II. THE MARRIAGE

III. ARMED FORCES

IV. DATE OF SEPARATION

V. GROUNDS FOR DIVORCE

VI. MINOR CHILD(REN) OF THE MARRIAGE

VII. FINANCIAL DISCLOSURE

VIII. SPOUSAL SUPPORT (ALIMONY)

IX. CHANGE OF CIRCUMSTANCES

X. HEALTH INSURANCE

XI. MARITAL HOME

XII. HUSBAND’S PROPERTY

XIII. WIFE’S PROPERTY

XIV. PAYMENT TO BALANCE DIVISION

STATE OF SOUTH CAROLINA COUNTY OF , Plaintiff, vs. , Defendant, ) IN THE FAMILY COURT )) ) JUDICIAL DISTRICT) )) ) ) MARITAL SEPARATION AGREEMENT) ) ) Docket No ) I. THE PARTIES. This Marital Settlement Agreement (“Agreement”) made this , 20 , is an agreement to dissolve the marriage between: HUSBAND: ,(“Husband”) AND WIFE: ,(“Wife”) . The terms "Husband" and "Wife" have no correlation to the person's gender and are solely used to identify the individual to the local court. When mentioned in a singular version, "Husband" and "Wife," shall be known as a "Spouse," and when mentioned together, the Husband and Wife shall be known as the "Couple." II. THE MARRIAGE. The Couple was married on , 20 , in the City of , State of III. ARMED FORCES. The following are current members of the Armed Forces: (check one) ☐ -None of the Spouses ☐ -Husband ☐ -Wife ☐ -Both Spouses IV. DATE OF SEPARATION. The date of separation of the Couple was on , 20 V. GROUNDS FOR DIVORCE. Irreconcilable differences, the irretrievable breakdown of the marriage, and incompatibility of temperament have led to the irremediable breakdown of the marriage with no possibility of reconciliation. VI. MINOR CHILD(REN) OF THE MARRIAGE. Before or during the course of the marriage, the Couple recognizes that: (check one) ☐ -There ARE minor children of the Couple. The details related to Child Support, custody, and any other terms related to the Minor Children are found in Attachment A. ☐ -There are NO minor children of the Couple. VII. FINANCIAL DISCLOSURE. The Couple have: (check one) ☐ -ALREADY DISCLOSED to one another their financial disclosures in accordance with State law. ☐ -WAIVED their right to view each other’s financials along with any other disclosures, forms, or discovery proceedings as by right under State law. VIII. SPOUSAL SUPPORT (ALIMONY) . The Couple agree that: (check one) ☐ -There SHALL NOT be Spousal Support. Neither Spouse shall be obligated to pay, provide for, or support one another after the marriage is dissolved (“Spousal Support”) . ☐ -There SHALL BE Spousal Support starting on , 20 The ☐ Husband ☐ Wife (“Paying Spouse”) shall pay to ☐ Husband ☐ Wife (“Receiving Spouse”): (check one) ☐ - In Perpetuity. Payment of $ shall be due on the of each month until either Spouse’s death, the remarriage of the Receiving Spouse, or modification or termination by further court order, whichever occurs first (“Spousal Support”) . ☐ -Until an End Date. Payment of $ shall be due on the of each month until , 20 (“Spousal Support”) . ☐ -On a Payment Schedule found in Attachment B (“Spousal Support”) . IX. CHANGE OF CIRCUMSTANCES. The Couple agrees that: (check one) ☐ -Spousal Support CANNOT Change. No court shall have jurisdiction to change the Spousal Support payment or non-payment by Husband or Wife to the other Spouse at any time. This shall be regardless of any change of circumstances that may arise. If there is Spousal Support, it cannot change EXCEPT by the Receiving Spouse’s death, remarriage, or termination by further court order, whichever occurs first, which shall terminate the Spousal Support payments. ☐ -Spousal Support CAN Change. Spousal Support may be ordered payable only upon a proper showing in a change of circumstances with either Spouse. A change of circumstance is limited to: (check all that apply) ☐ -Job Loss ☐ - Injury ☐ -Disability ☐ - Illness/Disease ☐ -Other X. HEALTH INSURANCE. The Couple agrees that: (check one) ☐ -Each Spouse is responsible for THEIR OWN health insurance. ☐ -Health insurance IS PROVIDED by ☐ Husband ☐ Wife (“Health Insurance Paying Spouse”) to ☐ Husband ☐ Wife (“Health Insurance Receiving Spouse”) . Health insurance shall include: (check all that apply) ☐ -Medical ☐ -Dental ☐ -Vision Care ☐ -Other To facilitate the use of such coverage for the Health Insurance Receiving Spouse,

FAQs

What grounds for divorce does the agreement state?

It lists irreconcilable differences, the irretrievable breakdown of the marriage, and incompatibility of temperament as reasons with no possibility of reconciliation.

How does the agreement handle spousal support?

It allows the couple to choose whether spousal support will not be paid or will be paid under specified terms, including options such as an end date, perpetuity, or a payment schedule referenced in an attachment.

Can spousal support be changed after the agreement is signed?

Yes only if the agreement selects a change-permitted option, in which case a change of circumstance is limited to items such as job loss, injury, disability, illness/disease, or other specified changes, subject to proper showing.

Sep 16, 2026

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