My husband and I have been separated for over 2 years. We have never filed for legal separation. Do I need to be legal seperate?

You are still married. All consequences including estate, death benefits, tort actions, relationships etc... consider that you are still married. I suggest BEFORE you start another relationship you deal with your current one legally. That will clear up estate, death benefits, tort actions legally.

Why not go ahead and file an action for divorce? When you draft your court papers, add a clause that says either of you may see other people without causing prejudice to your rights under the marriage. Talk with your lawyer about this suggestion and the reasons why.

Alienation of affection does not exist in SC. Technically you would be committing adultery but so is he so that would be a wash. In addition, there has been enough time lapse that any Judge would see what had transpired. You cannot make any agreement to see other people in a settlement agreement. What you can do is agree to a restraining order to keep each other from harassing the other...but you will have a restraining order against you. Find an attorney to do a simple divorce in your area. With no contested issues or children, these run anywhere from $1000 to as low as $275 in some areas. Good luck.