Cecily Zamora
South Carolina abolished common law marriages from July 24, 2019, onwards. This means that any common-law marriages entered into after this date are not considered valid. However, the state still recognizes common-law marriages that were established before this date, and these marriages hold the same legal validity and rights as ceremonial marriages. Common-law marriages are formed when a couple presents themselves as married without obtaining a marriage license or having an official ceremony. While South Carolina previously allowed common-law marriages, the state's Supreme Court decided to abolish this practice due to the confusion and legal disputes it often caused.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Common law marriage allowed | No, abolished on July 24, 2019 |
| Common law marriages before July 24, 2019, recognized | Yes |
| Requirements for common law marriage | Both partners must be at least 16 years old, not currently married to anyone else, and not closely related by blood. Additionally, the couple must live together and agree to consider themselves as spouses. |
| Proof of common law marriage | Clear and convincing evidence to the court |
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What You'll Learn
Common-law marriage definition
A common-law marriage, also known as non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a marriage that occurs when two people capable of entering into a legal marriage agree to consider themselves married and follow it up with cohabitation, without going through a statutorily defined process.
Community recognition of a marriage was largely what qualified it as a marriage in medieval Europe. Civil and religious officials took no part in marriage ceremonies and did not keep registries. Couples cohabiting without a ceremony were considered married.
In the modern context, common-law marriages are legally recognised in some jurisdictions, but not all. In the US, only 15 states and the District of Columbia recognise common-law marriages. Common-law spouses who meet their state's requirements are eligible for most of the financial benefits of a married couple, including Social Security.
In South Carolina, common-law marriages entered into after 24 July 2019 are not recognised. However, common-law marriages that occurred before this date are still valid and hold the same legal validity and rights as ceremonial marriages licensed by the state.
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South Carolina's stance on common-law marriage
However, in 2019, the South Carolina Supreme Court ruled that no new common-law marriages could be formed from that point onwards. This decision, known as Stone v. Thompson, stated that "from this date forward [...] parties may no longer enter into a valid marriage in South Carolina without a license." The ruling highlighted the confusion and challenges that arose from common-law marriages, particularly in proving the existence and start date of the marriage, which could lead to lengthy legal disputes.
Despite this recent change, South Carolina still recognises common-law marriages that were established before July 24, 2019. These marriages are granted the same legal validity and rights as ceremonial marriages licensed by the state. Couples in a pre-2019 common-law marriage can still file joint state and federal tax returns, claim spousal benefits, and have inheritance rights, among other entitlements.
To prove a common-law marriage, couples must provide "'clear and convincing evidence' to the court, demonstrating their mutual intent to be married. This can include evidence of living together, sharing finances, and introducing each other as spouses to family and friends. However, simply cohabitating or referring to each other as "husband" or "wife" is not sufficient proof of a common-law marriage.
If one party denies the existence of a common-law marriage, the burden of proof falls on the other party to demonstrate that the requirements were met. This has led to legal complexities, especially in divorce cases, where the lack of a marriage license and ceremony can create uncertainties. Overall, while South Carolina has abolished new common-law marriages, it continues to recognise those established before the 2019 ruling, emphasising the importance of understanding the rights and implications for couples in this unique marital situation.
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Requirements for a common-law marriage in South Carolina
South Carolina abolished common law marriages from July 24, 2019, onwards. This means that any couple who did not enter into a common-law marriage before this date cannot establish a valid common-law marriage in South Carolina. However, common-law marriages established before this date still hold the same legal validity and rights as ceremonial marriages licensed by the state.
If one party denies the existence of a common-law marriage, the burden of proof falls on the other party to demonstrate that the requirements for a common-law marriage were met before July 24, 2019. The burden of proof is typically "clear and convincing evidence", which is a higher standard than "beyond a reasonable doubt". Courts seek evidence that the couple intended to create a real marital union, not just cohabitation.
Prior to the abolition of common-law marriages in South Carolina, certain criteria had to be met for a common-law marriage to be recognized. Both partners must be at least 16 years old, not currently married to anyone else, and not closely related by blood. Additionally, the couple must live together and agree to consider themselves as spouses. Meeting these requirements did not automatically grant common-law marriage status; it was a recognition by the state.
If you were in a common-law marriage before July 24, 2019, and are confused about your rights, it is advisable to talk to a family lawyer.
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Rights of those in a common-law marriage in South Carolina
In 2019, South Carolina's Supreme Court ruled that no new common-law marriages could be formed after that year. This ruling was made in the case of Stone v. Thompson, where the court noted that remaining unmarried was becoming more common, and people had the right to remain unmarried. The ruling also acknowledged that most people did not understand the requirements for a common-law marriage.
Despite this, common-law marriages established before July 24, 2019, are still considered valid and hold the same legal rights as ceremonial marriages. These rights include:
- The requirement to obtain a divorce or separation before marrying someone else, prohibiting bigamy or polygamy.
- Entitlement to spousal benefits, such as Social Security and pensions based on the spouse's work history.
- The ability to file joint state and federal tax returns.
- Coverage under the spouse's workplace health insurance policy.
- Inheritance rights, including inheriting a spouse's estate without a will and transferring property tax-free.
- Custody, visitation, and child support arrangements for children born during the marriage.
- Spousal support obligations or eligibility for alimony payments in the event of separation.
However, it is important to note that if one party denies the existence of a common-law marriage, the burden of proof falls on the other party to demonstrate that the requirements for such a marriage were met. This proof typically requires "clear and convincing evidence," which is a higher standard than "beyond a reasonable doubt."
Given the legal complexities and the potential for confusion, it is recommended that individuals in a common-law marriage or with questions about their marital status consult a family lawyer or estate planning attorney for guidance.
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Seeking legal advice on common-law marriage in South Carolina
As of July 24, 2019, South Carolina no longer recognizes new common-law marriages. The state's Supreme Court ruled that "from this date forward [...] parties may no longer enter into a valid marriage in South Carolina without a license." This ruling was made in the case of Stone v. Thompson, where the court noted that remaining unmarried was becoming more common, and people had a right to remain unmarried or get married.
However, this ruling does not apply to common-law marriages that were entered into before July 24, 2019. These marriages are still recognized by the state and have the same legal validity and rights as ceremonial marriages. This includes the requirement to divorce/separate before marrying someone else, entitlement to spousal benefits, the ability to file joint tax returns, spousal health insurance coverage, and inheritance rights.
If you were in a common-law marriage before July 24, 2019, and are unsure of your rights, it is advisable to seek legal advice. An experienced family lawyer can help you understand your rights and how the recent changes might affect issues arising from your marriage, such as alimony and child custody.
When proving a common-law marriage, the burden of proof falls on the claimant to demonstrate that the requirements for such a marriage were met. This proof typically needs to be "clear and convincing evidence" that the couple intended to create a real marital union, not just cohabitation. This is a higher standard than "beyond a reasonable doubt."
If you are unsure whether you are in a valid common-law marriage, it is recommended to consult an attorney for assistance. They can help you understand your rights and navigate any legal complexities that may arise due to South Carolina's shift away from recognizing new common-law marriages.
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Frequently asked questions
No, South Carolina does not allow common-law marriage as of July 24, 2019.
A common-law marriage is a legal status that allows couples to be considered married without a traditional ceremony or official license.
The South Carolina Supreme Court abolished common-law marriage because it caused confusion for couples and the court system, leading to lengthy legal disputes. The court also noted that remaining unmarried was becoming more common and that people had a right to remain unmarried.
Yes, common-law marriages formed before July 24, 2019, are still valid and have the same legal rights as ceremonial marriages. However, if one party denies the existence of the marriage, the burden of proof falls on the other party to demonstrate that the requirements for a common-law marriage were met.
The requirements for a common-law marriage in South Carolina include both partners being at least 16 years old, not currently married to anyone else, and not closely related by blood. Additionally, the couple must live together and agree to consider themselves as spouses.
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