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Home / News / Spouses must separate before filing for support, S.C. court holds (access required)

Spouses must separate before filing for support, S.C. court holds (access required)

But justice says decision places unfair burden on those who have to stay together due to ”financial necessity”

The S.C. Supreme Court has ruled that spouses must separate and live apart before one can bring a claim for “separate maintenance and support.” In a Sept. 19 opinion, the high court upheld Greenville County Family Court Judge Robert N. Jenkins’ order dismissing Eileen Theisen’s claim for support from Clifford Theisen. Eileen Theisen should have alleged that she was living separate and apart from her husband, the high court held. She didn’t, so the court upheld Judge Jenkins’ dismissal of her claim in Theisen v. Theisen. Greenville attorney Joe Ramseur (pictured) represented Clifford Theisen in the case.

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