Cecily Zamora
In South Carolina, common-law marriage is no longer an option for couples as of July 24, 2019, due to a ruling by the state's Supreme Court. This ruling clarified the requirements for proving a common-law marriage and prevented new common-law marriages from being established. However, couples who entered into a common-law marriage before this date are still recognized as legally married. When determining whether a couple is in a common-law marriage, Medicaid and other authorities consider various factors, including cohabitation, mutual assent to be married, and how the couple presents themselves socially and on legal documents.
| Characteristics | Values |
|---|---|
| Date of ruling | July 24, 2019 |
| Date of ruling implementation | July 25, 2019 |
| Ruling body | South Carolina Supreme Court |
| Ruling case | Stone v. Thompson |
| Ruling outcome | Common-law marriages can no longer be formed in South Carolina |
| Exceptions | Couples who lived together without a marriage license as a married couple before the implementation date |
| Previous requirements | Both partners must be at least 16 years old, not currently married to anyone else, and not closely related by blood; the couple must live together and agree to consider themselves as spouses |
| Previous recognition | Common-law marriages were recognized in South Carolina |
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What You'll Learn
Common-law marriage recognition in South Carolina
In South Carolina, common-law marriages were historically recognised by the state. However, this changed after a 2019 ruling by the South Carolina Supreme Court, which stated that common-law marriages could no longer be formed in the state. This ruling took effect on July 24, 2019, and was made in a case entitled Stone v. Thompson.
Prior to this ruling, South Carolina was one of the few states that allowed common-law marriages. A common-law marriage is a state-recognised marriage where spouses choose not to purchase a marriage license or have a ceremony performed by a legally recognised officiant. In South Carolina, certain criteria had to be met for a common-law marriage to be recognised. Both partners had to be at least 16 years old, not currently married to anyone else, and not closely related by blood. Additionally, the couple had to live together and agree to consider themselves as spouses.
The validity of a common-law marriage in South Carolina was based on how a couple viewed and presented themselves. Proof could come from how they introduced themselves to others, how they filed their taxes, and even what sort of birthday cards they gave each other. However, there was no set list of factors, and the courts would look at all the circumstances surrounding the relationship to decide whether a common-law marriage existed.
While common-law marriages can no longer be formed in South Carolina, the 2019 ruling does not affect marriages that were entered into prior to July 24, 2019. These marriages are still considered valid, and couples may still need to obtain a divorce if they wish to separate. To prove a common-law marriage, it is helpful to have a marriage statement that is signed by both spouses, especially if it is notarised and drafted by a lawyer.
Couples who wish to be considered married in South Carolina after the 2019 cutoff date will need to obtain a marriage license from a courthouse. There is no requirement for a formal wedding ceremony, and couples can simply have their marriage license approved to enjoy the benefits of marriage, such as tax breaks and sharing health insurance.
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Criteria for common-law marriage
In South Carolina, common-law marriages were recognised by the state before July 24, 2019. After this date, couples can no longer claim a common-law marriage and must obtain a marriage license to be considered married.
Prior to this date, there was no set list of factors to determine a common-law marriage, and the court would look at the circumstances surrounding the relationship. However, there were some general criteria that needed to be met:
- Both partners must be at least 16 years old.
- Neither partner can be currently married to anyone else.
- The couple must not be closely related by blood.
- The couple must live together and agree to consider themselves as spouses.
- There must be "mutual assent", with each person intending to be married to the other, and this intent must be mutual.
- The couple must cohabit and hold themselves out as being married.
The validity of a common-law marriage was based on how a couple viewed and presented themselves. Proof could come from how they introduced themselves to others, how they filed their taxes, and even what sort of birthday cards they gave each other.
It is important to note that common-law marriages could only be formed in South Carolina prior to July 24, 2019, and the criteria outlined above may no longer be applicable in the state.
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Proving a common-law marriage in South Carolina
South Carolina no longer recognizes new common-law marriages after they were abolished by the South Carolina Supreme Court in 2019. However, couples who believe they entered into a common-law marriage before July 24, 2019, may still be able to prove their marriage.
Requirements for a Common-Law Marriage in South Carolina
Before the abolition of common-law marriages in South Carolina, certain criteria had to be met for a common-law marriage to be recognized by the state. These included:
- Both partners must be at least 16 years old.
- Neither partner is currently married to anyone else.
- The couple are not closely related by blood.
- The couple must live together.
- Both partners must agree that they consider themselves spouses.
Proving a Common-Law Marriage
Even before the abolition of common-law marriages in South Carolina, proving such a marriage existed was often difficult. There is no set list of factors, and the courts would consider all the circumstances surrounding the relationship.
Some factors that may be considered when proving a common-law marriage include:
- How the couple introduced themselves to others.
- How they filed their taxes.
- The types of birthday cards they gave each other.
- Whether they lived together.
- Whether they listed themselves as spouses in a telephone directory, on insurance, or income tax forms.
It is important to note that simply living together for a certain period, such as seven years, does not create a common-law marriage. Additionally, cohabitation without the intention to be married is not sufficient to create a marriage.
Implications of a Common-Law Marriage
A common-law marriage is considered just as valid as a ceremonial marriage. If a couple separates, they may encounter issues such as property division and alimony. In the event of a death, the surviving spouse may need to prove their common-law marriage to inherit their spouse's property.
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Common-law marriage and Medicaid
In South Carolina, common-law marriage is no longer recognised for relationships formed after July 24, 2019. This change was due to a ruling by the South Carolina Supreme Court, which stated that common-law marriage was "a mechanism which imposes marital bonds upon an ever-growing number of people who do not even understand its triggers".
Previously, South Carolina was one of only eight (or ten) states that allowed common-law marriage. A couple could enter into a common-law marriage by fulfilling certain criteria: both partners must be at least 16 years old, not currently married to anyone else, not closely related by blood, living together, and agreeing to consider themselves as spouses.
The problem with common-law marriage was that it was often difficult to prove, especially in divorce and death situations. The courts would have to decide whether a couple was truly married, and there was no set list of factors to determine this. Instead, the court would look at all the factors surrounding the relationship, including how the couple viewed and presented themselves. For example, how they introduced themselves to others, how they filed their taxes, and even what sort of birthday cards they gave each other.
In terms of Medicaid, a couple filing individual tax returns and claiming to be single for insurance and Medicaid purposes would be seen as unmarried, as in the case of Little v. Little in Colorado.
Now, couples in South Carolina who want to be considered married and have spousal rights must obtain a marriage license from a courthouse. This can be a quick and inexpensive process, and there is no need for a formal wedding ceremony.
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Common-law marriage and spousal rights
In South Carolina, common-law marriage is no longer recognised for relationships formed after July 24, 2019. This change came about due to a ruling by the South Carolina Supreme Court, which stated that common-law marriage was unpredictable and convoluted.
Recognition of Common-Law Marriage in South Carolina
Prior to this ruling, South Carolina was one of the few states that allowed common-law marriage. Common-law marriage was a convenient option for couples who did not wish to obtain a marriage license or have a formal ceremony. It was also a practical solution for couples who faced challenges with transportation to the courthouse or the financial burden of a marriage license.
To be recognised as a common-law marriage in South Carolina, certain criteria had to be met. Both partners had to be at least 16 years old, not currently married to anyone else, and not closely related by blood. The couple was required to live together and mutually agree to consider themselves as spouses.
Proving Common-Law Marriage
Proving a common-law marriage in South Carolina has long been a complex issue, particularly in divorce and death situations. The courts would consider various factors surrounding the relationship, including how the couple viewed and presented themselves. Evidence such as how they introduced themselves to others, how they filed their taxes, and even the type of birthday cards they exchanged could be used to determine the existence of a common-law marriage.
Spousal Rights and Common-Law Marriage
The abolition of common-law marriage in South Carolina means that couples seeking spousal rights will now need to obtain a marriage license and participate in a ceremony. This change ensures that couples can proactively establish their rights, especially regarding property ownership and financial support.
For couples who were in a common-law marriage before the July 2019 cutoff date, their marriage is still technically valid. However, they may face challenges in proving their marital status and may need to provide proper documentation or a signed marriage statement.
In summary, while common-law marriage is no longer recognised in South Carolina for new relationships, it remains a valid form of marriage for couples who entered into such an agreement before the legal cutoff date. Spousal rights for these couples can be complex and may require legal assistance to ensure their rights are protected.
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Frequently asked questions
Yes, South Carolina recognizes common-law marriages that were entered into before July 24, 2019.
Common-law marriages are based on the intent of each party to be married and a mutual understanding of their intent to be married. Proving a common-law marriage in South Carolina can be difficult, and there is no set list of factors. Courts look at the circumstances surrounding the relationship, including cohabitation, how they introduce themselves to others, how they file their taxes, and other factors.
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 that they consider themselves spouses.
Common-law marriages were historically an option for couples who did not have the time or resources to get legally married and have a ceremony. It was also desirable to legitimize children born out of wedlock.
Common-law marriages cannot be dissolved through divorce. If the parties separate, a court will need to decide whether they were married or not, which will determine if there is an equal division of property and alimony.
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