Kara Sears
Common-law marriage, which refers to couples who consider themselves married without a marriage license or ceremony, was historically recognised in South Carolina. However, in 2019, the South Carolina Supreme Court ruled that no new common-law marriages could be formed, citing confusion and legal disputes over property and alimony as reasons for the change. While existing common-law marriages are generally still recognised, couples wishing to marry in South Carolina now require a marriage license.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No (as of 2019) |
| Common law marriage recognized before 2019 | 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. The couple must live together and agree to consider themselves as spouses. |
| Reasons for ending common law marriage recognition | Confusion for couples and the court system, difficulty proving when a common law marriage began |
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What You'll Learn
Common-law marriage is no longer recognised in South Carolina
For decades, South Carolina recognised common-law marriages, a legal status allowing couples to be considered married without a traditional ceremony or official license. Common-law marriage has existed for centuries in South Carolina. It arose when transportation to the courthouse to obtain a marriage license was difficult and the cost of a marriage license could be burdensome. However, in 2019, the state's Supreme Court decided that no new common-law marriages could be formed after that point. This shift created both relief and confusion for many couples.
A common-law marriage happens when a couple presents themselves as married—even if they never had a formal ceremony or marriage license. They usually live together for a long time, share finances, and introduce each other as spouses to family or friends. In states that recognise common-law marriages, such couples generally have the same legal rights and obligations as any married pair. However, proving that a relationship was a common-law marriage has long caused problems for the parties and the courts, both in divorce and death situations.
The ruling did not erase any common-law marriages formed in South Carolina before 2019. Those older relationships might still be recognised if the couple meets certain criteria, such as having lived together and referred to each other as husband and wife for years. However, couples cannot begin a new common-law marriage after the date of that ruling. Couples who believe they formed a common-law marriage before the 2019 cutoff can still try to prove it if a dispute arises.
If couples want to get married in South Carolina now, they need to obtain a marriage license from a courthouse. They do not need to have a formal wedding ceremony or even dress up when they go to the courthouse. Couples only have to obtain a marriage license and have it approved if they want to enjoy the benefits of marriage, such as tax breaks, sharing health insurance, and receiving financial support in the event of a divorce.
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Previous common-law marriages are still intact
In 2019, the South Carolina Supreme Court ended the recognition of new common-law marriages in the state. However, this ruling did not affect common-law marriages that were entered into prior to July 24, 2019. Couples who believe they formed a common-law marriage before this cutoff date can still assert their rights as spouses in the event of a breakup or the death of one partner.
For centuries, South Carolina recognised common-law marriages, which allowed couples to be considered legally married without obtaining a marriage license or having a formal ceremony. This was particularly important when transportation to the courthouse was difficult and the cost of a marriage license could be burdensome. Common-law marriages were also a way to legitimise children born out of wedlock.
However, proving the existence of a common-law marriage has long caused problems for couples and the courts, especially in divorce and death situations. The lack of formal documentation made it challenging to determine the exact date or even the existence of a common-law marriage, leading to lengthy legal disputes over property, alimony, and other marriage-related issues.
To address these concerns, the South Carolina Supreme Court ruled in 2019 that no new common-law marriages could be formed in the state. This ruling brought South Carolina in line with many other states that have changed their stance on common-law marriages while still upholding the validity of pre-existing common-law marriages.
While previous common-law marriages in South Carolina are generally still recognised, couples may need to take proactive steps to document their relationship and establish their rights. This can include executing powers of attorney or working with an estate planning lawyer to draft documents outlining the nature of their relationship and their respective rights.
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Common-law marriage requirements
Historically, South Carolina was one of the few states that allowed common-law marriages. This tradition dates back centuries when transportation to courthouses was challenging and the cost of marriage licenses could be burdensome. The state's recognition of marriages without formal documentation was also valuable for legitimizing children born out of wedlock.
To establish a common-law marriage in South Carolina, certain criteria had to be met. Both partners needed to be at least 16 years old, not currently married to anyone else, and not closely related by blood. They had to live together and mutually agree to consider themselves as spouses. Meeting these requirements did not automatically grant common-law marriage status; it was ultimately the state's recognition that finalized it.
While South Carolina no longer permits new common-law marriages, couples who entered into such marriages before July 24, 2019, are still recognized by the state as married. These couples can continue to file their state and federal tax returns as "Married, Filing Jointly" or "Married, Filing Separately."
To summarize, while South Carolina has discontinued the practice of recognizing new common-law marriages, it still upholds the validity of common-law marriages established before the legislative change. Couples in existing common-law marriages may want to consult estate planning lawyers to address potential concerns, such as property ownership disputes.
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Couples wishing to enjoy the legal status of matrimony need a valid marriage certificate
In 2019, the South Carolina Supreme Court ended the recognition of new common-law marriages in the state. This ruling was issued in the case of Stone v. Thompson, which involved a couple who began living together in 1989 and later separated, with the man seeking a divorce and an equal split of their assets. The man claimed they were common-law married, while the woman testified that she never intended to marry him. This decision brought relief to some and confusion to others, as common-law marriage had existed in South Carolina for centuries.
Prior to this ruling, South Carolina was one of the few states that recognized common-law marriage, which allowed couples to be considered legally married without a traditional ceremony or official license. Common-law marriage originated when the cost and difficulty of travelling to a courthouse prohibited some couples from obtaining a marriage license. It was also desirable for the state to recognize marriages without formal documentation to legitimize children born out of wedlock. However, proving a common-law marriage has long caused issues for couples and courts, especially in divorce and death situations.
The 2019 ruling did not affect common-law marriages that were entered into before the cutoff date. Couples who believe they formed a common-law marriage before 2019 can still try to prove it if a dispute arises, such as during a breakup or if one partner dies and the other claims inheritance rights. To be recognized as a common-law marriage in South Carolina, couples must meet certain criteria, including both partners being 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.
Now, couples wishing to enjoy the legal status of matrimony in South Carolina must obtain a valid marriage certificate. While a formal wedding ceremony is not required, couples must obtain a marriage license from a courthouse to be considered legally married. This shift ensures that couples' intentions to be legally recognized as spouses are clearly established, preventing potential disputes over property ownership and other concerns. To further protect their rights, couples may consider executing a health care power of attorney or a financial power of attorney to allow their partner to make decisions on their behalf in the event of incapacitation.
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Common-law marriage origins
The origins of the term "common-law marriage" are uncertain. It is arguably the original form of marriage, where a couple took up residency together, held themselves out as a married couple, and otherwise behaved as a married couple. In medieval Europe, marriage came under the jurisdiction of canon law, which recognized as valid a marriage in which the parties stated that they took each other as husband and wife, even in the absence of any witnesses.
In ancient Greece and Rome, marriages were private agreements between individuals and estates. Community recognition of a marriage was largely what qualified it as a marriage. The state had only limited interest in assessing the legitimacy of marriages, and civil and religious officials took no part in marriage ceremonies and did not keep registries.
In the United States, common-law marriage has existed since colonial times when America was still a colony of England. The first colonies of America were subject to England's rule, but Acts of Parliament did not apply to England's colonies unless the colonies were mentioned by name. The Clandestine Marriages Act of 1753 ended common-law marriages in England and Wales, requiring subjects to be married by the Church of England. However, this did not apply to American colonies. Common-law marriage survived in colonial America and is still recognized in some states today.
The term "common-law marriage" is often used incorrectly to describe various types of couple relationships, such as cohabitation or other legally formalized relations. It is important to note that cohabitation as an unmarried couple is not enough to establish a common-law marriage. While some jurisdictions may extend to couples in marriage-like relationships many of the rights and responsibilities of a marriage, they are not legally considered married.
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Frequently asked questions
No, common law marriage is no longer recognized in South Carolina as of 2019.
Common law marriage is a legal status that allows couples to be considered married without a traditional ceremony or official license.
Couples need to obtain a marriage license from a courthouse. They do not need to have a formal wedding ceremony or dress up.
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