Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.

And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.

But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.

Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.

In South Carolina, legal separation is recognized and can be formalized through an action called 'Separate Support and Maintenance.' This is a court-supervised process that allows spouses to live apart without formally ending the marriage through divorce. During this process, the court can issue orders regarding child custody, visitation, support, and property division. South Carolina does not have a 'legal separation' status per se, but the Separate Support and Maintenance action serves a similar purpose. Additionally, South Carolina requires spouses to live apart for at least one year before they can file for a no-fault divorce, although fault-based divorces can be pursued without this separation period. Spouses may also enter into a written separation agreement to outline their rights and responsibilities during the separation, but it is important to have such agreements reviewed by an attorney to ensure they comply with state laws and are enforceable.