Marital Settlement Agreements in South Carolina

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

A marital settlement agreement is a written contract in which spouses resolve some or all of the issues in their separation or divorce, such as property, debts, alimony, custody and child support. In South Carolina, the family court must review and approve the agreement, and once approved it is usually made part of the court’s order. Signing one can also change important legal dates, so read it as carefully as you would any major contract.

What a Settlement Agreement Is (and Is Not)

A settlement agreement is sometimes called a property settlement agreement, separation agreement or marital settlement agreement. Whatever the name, it records what the spouses have agreed. It may come out of direct negotiation between attorneys, out of mediation, or from a collaborative process.

An agreement does not by itself divorce you. The grounds for divorce, such as one year of separation, still have to be proven in court. Some spouses sign an agreement and have it approved in a separate maintenance action before they are eligible for a divorce, then later finalize the divorce. Others sign the agreement and present it at the final divorce hearing.

What a Settlement Agreement Usually Covers

A thorough agreement anticipates the questions that cause problems later. Common sections include:

• Property division. Who keeps the house, vehicles, accounts and personal property, and how and when transfers will happen.
• Debts. Who pays each debt, deadlines for refinancing joint loans, and what happens if a payment is missed.
• Retirement accounts. How each plan is divided and who prepares the needed orders, such as a QDRO for an employer plan. See QDROs in South Carolina divorce.
• Alimony. Whether alimony is paid or waived, which type, the amount, when it ends and whether it can be modified.
• Children. Custody, a parenting plan, child support under the South Carolina Child Support Guidelines, health insurance and uncovered medical costs.
• Life insurance. Whether a spouse must keep a policy to secure support. S.C. Code § 20-3-130(D) lets courts require security, including life insurance.
• Taxes. Who files how for the current year, who claims the children where allowed, and who pays any tax owed.
• Attorney fees. Whether each spouse pays their own fees.
• Name. A request to resume a former name, which the court may allow under S.C. Code § 20-3-180.
• Mutual releases and cooperation. Promises to sign deeds, titles and other documents needed to carry out the deal.

Court Approval

A family court judge must approve the agreement before it becomes an order. At the approval hearing, the judge typically asks each spouse questions under oath, such as whether they understand the agreement, whether they signed it voluntarily, whether they had the chance to consult an attorney, and whether they believe it is fair. The court also reviews provisions about children with their best interest in mind.

Approval often happens at the final divorce hearing, or at an earlier hearing in a separate maintenance case.

Merger Into the Court’s Order

When a judge approves an agreement, the order usually approves it and makes it part of the court’s order (often described as merging or incorporating it). The practical effects can include:

• The terms become enforceable as a court order, including through contempt proceedings, not just as a contract.
• Terms about children remain subject to the court’s continuing authority. Custody and child support can generally be modified later when circumstances change, whatever the agreement says.
• Property division terms are generally treated as final once the order is entered.

How an agreement is approved and worded can affect later enforcement and modification, so ask your attorney how your order will treat it.

Nonmodifiable Alimony: § 20-3-130(G)

Periodic alimony in South Carolina can usually be modified when circumstances change (S.C. Code § 20-3-170). However, under S.C. Code § 20-3-130(G) (see Title 20, Chapter 3), spouses can agree, with court approval, to make alimony nonmodifiable. That gives both sides certainty, but it cuts both ways. For example, a paying spouse who later loses a job, or a receiving spouse who develops serious health problems, may have no way to change the amount. Read more about modifying alimony.

Agreements can also customize other alimony terms. For example, the statute’s 90-day definition of “continued cohabitation” applies unless the parties agree otherwise in writing.

Signing Changes Important Legal Dates

Signing a written settlement agreement can matter even before a judge sees it.

The adultery bar to alimony

Under S.C. Code § 20-3-130(A), a spouse who commits adultery is barred from receiving alimony if the adultery happened before the earlier of (1) the formal signing of a written property or marital settlement agreement, or (2) entry of a permanent order of separate maintenance and support or a permanent order approving a settlement agreement. Conduct after that point does not trigger the bar, though it may still matter for other issues. Ask an attorney before assuming a new relationship is safe.

The end of new marital property

Under S.C. Code § 20-3-630(A)(2), property acquired after the earliest of a temporary (pendente lite) order, a formally signed written property or marital settlement agreement, or a permanent order is generally nonmarital. For example, a bonus earned after the agreement is signed may be treated differently from one earned before.

Marital misconduct after signing

Both the alimony factors and the property factors exclude misconduct that happens after a temporary order, a formally signed settlement agreement, or a permanent order, when the court weighs fault.

Enforcement When Someone Does Not Follow It

If a spouse does not pay, sign a deed or transfer an account as the approved agreement requires, the other spouse can generally ask the family court to enforce it, often through a rule to show cause for contempt. Our guide on what to do when your ex ignores the divorce decree explains the process. Clear deadlines and specific instructions in the agreement make enforcement easier.

Drafting Tips

1. Use specific dates and amounts. “Within 90 days” is clearer than “promptly.”
2. Say who prepares each retirement order, who pays for it, and the deadline.
3. Address what happens if the house does not sell or a refinance is denied.
4. Check how alimony terms interact with the post-2018 federal tax rules for divorce instruments.
5. Have your own attorney review the final version, even if you negotiated it yourself.

For the rest of the process, see the South Carolina Divorce Guide.

Frequently Asked Questions

Does a judge have to approve a settlement agreement in South Carolina?

Yes. The family court reviews the agreement, usually asks each spouse questions under oath, and must approve it before it becomes an enforceable court order.

Can a settlement agreement make alimony nonmodifiable?

Yes. Under S.C. Code § 20-3-130(G), the parties can agree, with court approval, that alimony cannot be modified.

Can child support in a settlement agreement be changed later?

Generally yes. Terms about children stay subject to the court’s continuing authority and can be modified when circumstances change.

Does signing a settlement agreement affect the adultery bar?

Yes. The alimony bar in § 20-3-130(A) applies to adultery before the earlier of signing a written settlement agreement or entry of a permanent order.

Is property I get after signing the agreement still marital?

Under § 20-3-630(A)(2), property acquired after the earliest of a temporary order, a signed settlement agreement or a permanent order is generally nonmarital.

Sources

• S.C. Code Title 20, Chapter 3 (§§ 20-3-130, 20-3-170, 20-3-180, 20-3-630)
• SC ADR Rule 6 (Agreement in Family Court)