Does South Carolina have common law marriage? Until recently, yes. But the law changed significantly in 2019.
South Carolina was one of the last states to recognize common law marriage. If you are a South Carolina resident, understanding this legal shift is critical for protecting your rights.
South Carolina Common Law Marriage Law: The 2019 Change
On July 24, 2019, the South Carolina Supreme Court ruled in Stone v. Thompson that common law marriage would no longer be recognized going forward.
This was a landmark decision for family law in South Carolina. Couples who began cohabiting after that date cannot establish a valid common law marriage in the state.
What About Couples Who Were Together Before July 24, 2019?
Common law marriages formed before July 24, 2019, are still legally valid in South Carolina. If your relationship met all the legal requirements before that date, your marriage may still be recognized by the courts.
This means thousands of South Carolina couples may still hold legal marital status under the old rules.
Requirements Under the Old South Carolina Law
For couples claiming a common law marriage established before the cutoff date, South Carolina courts typically required:
- Both partners had to be legally capable of marrying
- Both had to be at least 16 years old
- The couple had to cohabit and live together
- Both had to mutually agree that they were married
- Both had to hold themselves out publicly as husband and wife
Courts looked at factors like joint tax returns, shared bank accounts, and how the couple introduced each other in their community.
How South Carolina Courts Evaluate Old Claims
Proving a pre-2019 common law marriage in South Carolina requires strong evidence. The burden of proof falls on the person making the claim. Judges examine the couple’s conduct, public reputation, and shared financial life.
Witness testimony from family, friends, and neighbors can also play a significant role.
Legal Rights of Recognized Common Law Spouses in South Carolina
If your common law marriage is recognized as valid in South Carolina, you have the same legal rights as a formally married spouse. These rights include:
- The right to file for divorce and seek alimony
- The right to inherit property without a will
- Eligibility for spousal health insurance benefits
- The ability to make medical decisions for an incapacitated spouse
Ending a Valid Common Law Marriage in South Carolina
Separation alone does not end a recognized common law marriage in South Carolina. You must go through a formal divorce proceeding to legally dissolve the union, including the division of marital assets.
Do You Need a South Carolina Family Law Attorney?
If you believe you have a valid common law marriage established before July 24, 2019, consult a South Carolina family law attorney right away. Proving or contesting these claims requires skilled legal guidance.
An attorney can help you gather proper evidence and represent your interests effectively in court.