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Should we pursue legal separation or divorce after 25 years of marriage?

Should we pursue legal separation or divorce after 25 years of marriage?

Q: What is the average alimony payment in the US?

Alimony payments vary widely based on factors like income, length of marriage, and state laws. There is no fixed average alimony payment in the U.S. In South Carolina, alimony can be temporary or permanent, and the amount is determined by the court based on the specific circumstances of each case.

Q: What is a wife entitled to after 20 years of marriage?

After 20 years of marriage, a wife may be entitled to a share of marital property, potential alimony, and other benefits depending on state laws. In South Carolina, the court considers factors like the length of the marriage and each spouse's financial situation when determining entitlements.

Q: What is a spouse entitled to after 20 years of marriage?

A spouse may be entitled to a portion of marital assets, alimony, and other benefits after 20 years of marriage. In South Carolina, the court evaluates various factors, including contributions to the marriage and financial needs, to determine what each spouse is entitled to upon separation or divorce.

Full question:

My Wife and I are in agreement on everything. We have been married for 25 years. I'm totally disabled (male) I have been disabled since 11/05/1999. We live in South Carolina, she plans to move back to Michigan. We both are thinking a legal separation or divorce. What would be best or what would you suggest?

Category: Divorce
Subcategory: Legal Separation
Date: 04/07/2025
State: South Carolina

Answer:

In South Carolina, one spouse must be a resident for at least one year to file for divorce. If both spouses are residents, only three months of residency is required before filing. South Carolina allows no-fault divorces based on living separate and apart for at least one year, meaning you cannot live together, engage in sexual relations, or act as a married couple during that time.

While South Carolina does not have a formal legal separation process, couples can create separation agreements to divide property and debts. These agreements can be approved by the Family Court. Additionally, support payments may be available during separation under certain circumstances.

Deciding between divorce and separation is a personal choice that depends on various factors, including the potential for reconciliation, health insurance eligibility, and tax implications of your marital status.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is the legal end to a marriage contract separation?

No, legal separation is not the same as divorce. Legal separation allows couples to live apart while remaining legally married. It typically involves a separation agreement that outlines property division and support. Divorce, on the other hand, legally ends the marriage. In South Carolina, couples can choose separation if they wish to maintain certain legal benefits while living apart.

What is the average alimony payment in the US?

What is a wife entitled to after 20 years of marriage?

What is a spouse entitled to after 20 years of marriage?

What states have no alimony?

Some states have eliminated or limited alimony, while others still award it under certain conditions. States like Texas and Alaska have made significant reforms to alimony laws. However, South Carolina does allow for alimony based on need and the specifics of each case. Always check the latest laws in your state for accurate information.