Separate Support and Maintenance Attorneys in Mount Pleasant, South Carolina

If you're facing a separation or divorce, dealing with financial responsibilities can feel overwhelming. Questions about support, maintenance, and long-term obligations often leave families stressed and uncertain about what comes next. Sorting out these issues is challenging, particularly when emotions run high, and assets or income vary significantly between spouses. 

At Brener Hurteau Family Law, located in Mount Pleasant, South Carolina, we serve clients throughout Sullivan's Island, Isle of Palms, Charleston, James Island, Johns Island, Daniel Island, and Kiawah Island. With a boutique approach, we focus on high-asset and high-conflict cases, offering personalized guidance for divorce, child custody, mediation, or pre-nuptial agreements. 

Our lawyers, Andrew Brener and Savannah Hurteau, help you review your financial situation and the factors that influence separate support and maintenance, so you can make informed decisions. We work with you to develop a strategy that meets your family's needs and goals. Reach out to us today to discuss how we can assist you.

What Is Separate Support and Maintenance?

Separate support and maintenance is a type of legal financial support paid by one spouse to another during or after a divorce. Unlike standard alimony or spousal support, it often applies when spouses remain legally married but live apart. This form of support can cover living expenses, healthcare, education, or other necessary costs until a formal divorce is finalized.

Receiving separate support and maintenance can provide stability during a period of uncertainty. Paying it responsibly can prevent disputes or enforcement issues in court. A family law attorney can help clarify the conditions, obligations, and calculations involved so you know exactly what to expect.

Eligibility and Factors Courts Consider

Determining eligibility for separate support and maintenance involves several key factors. Courts typically review the length of the marriage, the financial resources of each spouse, and each person’s earning capacity. Contributions to the household, including non-financial support such as raising children or managing household duties, are also considered.

Financial need and standard of living during the marriage are important in calculating support. According to the U.S. Census Bureau, nearly 60% of divorced individuals who receive spousal support report that payments significantly help maintain their post-divorce living standards.

Other considerations can include the health of both spouses, age, and whether one spouse sacrificed career advancement to benefit the family. Each case is unique, and the court’s assessment seeks to balance fairness and financial stability for both parties. The court may also look at lifestyle and standard-of-living factors when determining separate support and maintenance.

Calculation and Determination of Maintenance

Calculating separate support and maintenance isn't arbitrary. The courts use financial documentation, tax returns, and other evidence to determine what’s reasonable. They’ll also take into account debts, lifestyle expectations, and the unique circumstances of the marriage. Having clarity around these calculations helps both parties understand their responsibilities.

A family law attorney, like our firm at Brener Hurteau Family Law, can assist in gathering and presenting this financial evidence accurately. With careful preparation, you can reach an agreement that reflects both your obligations and your spouse's needs. They can also help clarify any questions about documents or valuation methods.

Duration and Modification of Support

Support payments typically continue until the marriage ends or another court order modifies them. Duration may vary depending on the length of the separation, the court’s assessment of financial need, and any agreements between spouses. It's also possible to request modifications if circumstances change, like a change in income or new expenses.

Having legal guidance helps you address these changes effectively. Our lawyers can explain your options for requesting or responding to modifications and can prepare documentation to support your case. Managing these adjustments thoughtfully reduces the risk of conflict and keeps your financial planning on track.

Enforcement of Maintenance

Sometimes, one spouse may fail to pay support as ordered. Enforcement measures exist to help recipients collect what’s owed. Courts can use wage garnishment, liens, or other legal remedies to compel payment. Acting promptly when payments are missed is essential to protecting your rights. Quick action can prevent small issues from becoming bigger financial problems.

With a quality family law attorney, you have assistance with enforcement procedures, and you can make sure your filings are complete and accurate. Having professional support also demonstrates that you take your obligations seriously while safeguarding your financial security. This guidance helps avoid delays and increases the likelihood of a favorable outcome.

Common Challenges With Separate Support and Maintenance

While separate support and maintenance provide critical assistance, challenges can arise. Misunderstandings about amounts, late payments, or disagreements over obligations are common. Addressing these challenges early helps maintain financial stability and prevents costly court disputes.

• Late payments: Document any delays to have proof if legal action is necessary.

• Changes in financial circumstances: Report significant income changes to update support obligations.

• Disagreements over expenses: Keep records of shared costs and communicate clearly about necessary payments.

• Legal compliance: Make sure all actions align with court orders to avoid penalties.

Careful attention to these areas allows both parties to manage expectations responsibly. Our firm helps clients anticipate potential challenges and develop practical strategies to reduce conflict and maintain compliance with court orders.

Knowledgeable Separate Support Attorneys in South Carolina

At Brener Hurteau Family Law, we serve clients in Sullivan's Island, Isle of Palms, Charleston, James Island, Johns Island, Daniel Island, and Kiawah Island. Our lawyers, Andrew Brener and Savannah Hurteau, help families with separate support and maintenance matters, offering thoughtful guidance and practical solutions. Reach out today to discuss your situation and get the support you need to move forward.