I have run into several situations lately that involved spouses who had been separated and/or estranged from one another for 6 months or more. One of the spouses comes to request that I do a Last Will and Testament with them. After reviewing all of their information and giving them their options, I proceed to remind them that in the state of South Carolina, a spouse can request their 1/3 spousal share after the death of a spouse. They all seem confident in their thoughts and/or opinions when they express to me that they are separated and have been for some time. However their hope turns to dismay when I make them aware of the fact that there is no such thing as legal separation in the state of South Carolina. That in order to keep a spouse from claiming 1/3 Elective Share, they must no longer be your spouse. In other words, you must be divorced.
I wrote this simple short blog to say this to you....do not put off for tomorrow what you can do today. If it is your sincere desire to divorce your spouse, then put it into action. Not doing so can have very serious consequences.
