We can help you draft an effective, equitable separation agreement.
If your marriage is strained and may be headed for divorce, a separation agreement can help. It’s a valuable contract with several legal advantages but it requires the attention of experienced legal counsel. Ensure your separation agreement meets your goals by calling a lawyer from Ballinger Law Firm at (843) 412-9507 as soon as possible.

A separation agreement may include provisions for child custody, visitation, child support, alimony, property division, restraining orders, and other disputed issues. Separation agreements can be created through formal mediation or an informal negotiation process, which offers substantial cost savings compared to contested litigation and trial. The alternative dispute resolution process allows both parties to control the outcome of the settlement, instead of having a judge impose decisions about their lives and their property on them.
The Ballinger Law Firm has over 30 years of experience negotiating separation agreements. If you live in the Mount Pleasant, South Carolina area and need help drafting a separation agreement, we can help. We can also help you analyze a proposal from your spouse and draft a counteroffer on the critical issues that will affect you, your children, your money, and your future.
If you are planning to either end your marriage or explore the potential benefits of a separation agreement, you’ll want to have trustworthy legal counsel at your side.
Even if you and your spouse are separating amicably, it’s not wise to resolve things on your own. It’s also best to hire an experienced attorney before negotiating with a spouse who has their own lawyer.
Hiring the right attorney to represent you in your separation and divorce case means you’re more likely to reach an agreement that aligns with your goals and preferences.
At the Ballinger Law Firm, you’ll meet with a caring, competent lawyer who will explain the practical benefits of a well-drafted separation agreement for you and your children.
Separation agreements are filed with the court for judicial approval either before you obtain a divorce or at the same time. If you want to file a no-fault divorce, you can come to an agreement on disputed issues during the required one-year “living apart” period. In a situation like this, it’s best to put a separation agreement on the record as soon as possible and then proceed with an uncontested, no-fault divorce when your year of living “separate and apart” has run.
A separation agreement can address the same issues you will need to cover in a divorce without actually ending the marriage.
Even though a separation does not provide the legal finality of a divorce, it does require addressing the same issues that must be resolved in divorce proceedings. That’s why it’s so important to work with an attorney during the time you first living separate from your spouse. The Ballinger Law Firm has decades of experience helping our clients in Mount Pleasant, Charleston and surrounding areas through all types of difficult family law cases. We can help you create an agreement that meets your goals.
Private separation agreement negotiations may proceed with just the spouses and their legal representatives, or the couple may opt to involve a neutral mediator. (All divorcing spouses in South Carolina must attempt to resolve their disputes through mediation before a court will issue a final order for separate support and maintenance or for divorce.)
The mediator cannot give legal advice to either spouse. Instead, they simply facilitate negotiations, answer general legal questions about the process, and ensure the separation agreement complies with South Carolina law.
No matter how you and your spouse decide you want to negotiate your separation agreement, the Ballinger Law Firm will be there to help you address every issue, from property division to support to child custody and beyond.
In South Carolina, a couple’s property is divided according to principles of equitable distribution that require courts to aim for the fairest possible division. This does not mean, however, that each spouse will receive exactly half of the marital assets. The judge overseeing the case must consider various factors in order to determine what type of property division would be fairest for both parties.
Each spouse must complete a financial disclosure statement, which is a complete and accurate accounting of all of their assets and liabilities. Each spouse must be truthful and transparent on these statements. Any attempt to hide assets to shield them from property division can potentially lead to severe penalties, including contempt of court, diminished financial benefits from the divorce proceedings, or even criminal charges.
Each spouse has the right to claim separate property that will not be subject to division. This may include anything they owned prior to their marriage, gifts they have received from third parties (not their spouse), and inheritances from parents and other relatives. Your attorney will help you resolve disagreements about what’s subject to equitable division and what’s exempt in your separation agreement.
Divorcing parents often find that the child custody determination is the most challenging part of crafting their separation agreement. While parents most often agree to a parenting plan that includes their preferred terms and conditions for child custody and child support, a judge will ultimately make the final decision about whether your agreement is best for your children. That process satisfies their legal duty to ensure agreements really are providing for the best interests of the children.
A child custody agreement must address legal custody (the ability to make decisions for a child) and physical custody (where the child lives and spends their time). Parents may share legal and physical custody and may be required to consult with one another about major decisions affecting their children.
Your lawyer can help you draft a proposal for custody terms and explain the process of having it approved by a judge.
The noncustodial parent is most often required to pay child support to the custodial parent. The amount paid will depend on the parents’ gross income, the total financial cost of handling the children’s medical insurance, the cost of work-related childcare, and a few other variables. Your lawyer can help you understand how child support is calculated in South Carolina and what you can expect a judge to order.
If one spouse earns significantly more income than the other, or if one spouse is unable to work due to a medical condition or disability, separation agreements need to address spousal support. Under South Carolina law, a post-divorce spouse usually has the right to maintain a similar standard of living as they enjoyed while married unless they are statutorily barred from receiving support.
When deciding on spousal support, the court will examine many factors, including how long the parties were married, a spouse’s work history and job prospects, the amount of separate property they own, whether they will likely be able to support themselves in the future, and what their reasonable needs for support are.
During separation agreement negotiations, the spouses may reach mutually acceptable terms for spousal support.
If you and your spouse have decided to separate, whether you wish to use this as a trial period or precursor to divorce, it is important that each of you has legal counsel representing you. Negotiating a separation agreement can be a powerful legal advantage in several ways, but it is crucial to hire an attorney who knows how to properly construct these legally binding agreements.
The Ballinger Law Firm team has more than 30 years of professional experience helping our clients in Charleston, SC and surrounding communities through all types of difficult divorce cases.
A separation agreement can provide financial protection to both you and your spouse while allowing you to avoid lengthy litigation. You also have more direct control over the terms of your agreement. You’ll also enjoy the flexibility of moving forward with your divorce more easily in the future.
With our team’s assistance you can approach your separation agreement negotiations and the associated legal procedures with confidence. You will have a dedicated legal representative ready to address your specific concerns through all stages of the process, and you can trust the Ballinger Law Firm team to respond quickly if any unexpected complications interfere with your negotiations in any way.
The Ballinger Law Firm can help you navigate the legal proceedings necessary to secure your separation agreement. Contact us online or call (843) 412-9507 today to discuss separation agreements or if you have any questions about our legal services.