Anaya Nolan
Common-law marriage, a union between two people who live together and hold themselves out as husband and wife without obtaining a marriage license or having a wedding ceremony, was abolished in South Carolina on July 24, 2019. The ruling, issued in the case of Stone v. Thompson, prevents new common-law marriages from being established in the state. However, it does not affect common-law marriages entered into before this date, and those marriages are still considered valid. This has created confusion for couples, and legal questions may arise for those who had a common-law marriage before the change in legislation.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | Yes, before July 24, 2019 |
| Common law marriage recognized after July 24, 2019 | No |
| 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. |
| Recognition of common law marriage | Common law marriage is a state-recognized marriage agreement. |
| Proof of common law marriage | The burden of proof falls on the person claiming the existence of a common-law marriage, and the standard of proof is "clear and convincing evidence." |
| Rights of couples in a common law marriage | Couples in a common law marriage generally have the same legal rights and obligations as married couples, including spousal support and alimony in the event of a divorce. |
| Property rights in a common law marriage | Property acquired during the marriage is considered marital property and is subject to equitable distribution in the event of a divorce. |
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What You'll Learn
Common law marriage requirements in South Carolina
Common-Law Marriage Requirements in South Carolina
South Carolina abolished common-law marriages in the state with effect from July 24, 2019. 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.
Prior to this ruling, South Carolina was one of only eight states that allowed new common-law marriages to be formed. Common-law marriage allowed couples to be considered married without a traditional ceremony or official license.
Historical Requirements for Common-Law Marriage in South Carolina
For a common-law marriage to be recognized in South Carolina before July 24, 2019, certain criteria had to be met. 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.
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. This proof must demonstrate mutual intent, meaning one spouse cannot claim they were common-law married while the other says they were merely cohabitating. The standard for this proof is "clear and convincing evidence", which is a higher standard than "beyond a reasonable doubt".
Implications for Current Common-Law Marriages in South Carolina
The ruling does not affect common-law marriages that were entered into prior to July 24, 2019. These marriages are still considered valid and are subject to the same rights and obligations as any married couple in the state.
However, it is important to note that there may be implications for these marriages in the future, particularly in the case of divorce or death. Couples in a common-law marriage may need to seek legal advice to understand their rights and how they can move forward effectively.
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The abolition of common law marriage in South Carolina
Common law marriage is a type of marriage that is recognised as valid without the need for a marriage license or ceremony. In the US, the requirements for common law marriage vary from state to state. South Carolina was one of only eight states that recognised common law marriage before it was abolished in 2019.
History of Common Law Marriage in South Carolina
Common law marriage was first acknowledged in South Carolina in 1911 in the case of Johnson v. Johnson. It allowed couples to be considered married without a traditional ceremony or official license. This was particularly useful for legitimising children born out of wedlock and for couples who could not afford or access a marriage license.
The Abolition
In 2019, the South Carolina Supreme Court ruled in the case of Stone v. Thompson that common law marriage would no longer be recognised for new marriages. This ruling came into effect on July 24, 2019. The court cited the confusion and legal difficulties that could arise from common law marriages, as well as the common non-marital cohabitation, as reasons for the change.
Impact of the Abolition
For couples who were in a common law marriage before the abolition, their marriage is still considered valid. However, there may be legal implications and complexities regarding property, alimony, child custody, and other marriage-related topics. These couples may need to seek legal advice to understand their rights and how the change affects them.
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Common law marriages in South Carolina prior to 2019
In South Carolina, common-law marriages were recognised as valid as long as certain requirements were met. These included that 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.
The existence of common-law marriages in South Carolina can be traced back to 1911, when the state Supreme Court first acknowledged their validity in the case of Johnson v. Johnson. For over a century, the state allowed couples to enter into legally valid marital unions without obtaining a marriage license or having a ceremony. This form of marriage was particularly desirable to legitimise children born out of wedlock and due to the difficulties in accessing courthouses to obtain marriage licenses.
However, as of July 24, 2019, South Carolina abolished all new common-law marriages in the state. This decision was made by the South Carolina Supreme Court in the case of Stone v. Thompson. The ruling stated that any couple who did not enter into a common-law marriage before this date could no longer establish a valid common-law marriage in South Carolina. The Court's decision was influenced by the confusion and legal fights over property, alimony, and other marriage-related topics that often arose from common-law marriages.
The new law does not affect the state's recognition of common-law marriages established before the cutoff date, and those marriages are still considered valid. Couples in a common-law marriage before July 24, 2019, are advised to understand their rights and seek legal guidance if they have disputes involving property or spousal rights. To prove a common-law marriage, "clear and convincing evidence" is required, which may include evidence of mutual intent to be considered as spouses.
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Recognition of common law marriages in South Carolina
South Carolina has a long history of recognizing common-law marriages, dating back to 1911 when the state Supreme Court first acknowledged their validity. Common-law marriages allowed couples to be considered married without a traditional ceremony or official license. However, as of July 24, 2019, South Carolina abolished all new common-law marriages in the state. The ruling, known as Stone v. Thompson, established that any couple who did not enter into a common-law marriage before this date could no longer establish a valid common-law marriage in South Carolina.
The new law does not affect the state's recognition of common-law marriages established before the cutoff date. Couples who entered into a common-law marriage before July 24, 2019, are still considered married and retain the same legal rights and obligations as any married pair. However, proving the existence of a common-law marriage can be challenging, and the burden of proof falls on the party claiming the marriage. The court has established that "clear and convincing evidence" is required to prove a common-law marriage, demonstrating mutual intent and meeting certain criteria such as living together and holding themselves out as spouses.
The abolition of new common-law marriages in South Carolina has created both relief and confusion for couples. For those wishing to be considered married and ensure spousal rights, obtaining a marriage license and participating in a simple ceremony is now the only option. Couples who want to avoid being considered married and maintain an unmarried status may also want to draw up a formal agreement to define their arrangement.
If you are unsure about your marital status or have disputes involving property or spousal rights, it is recommended to seek legal guidance from a family lawyer or divorce lawyer. They can help you understand your rights and navigate the complex issues arising from common-law marriages, such as alimony, child custody, and division of assets.
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Rights of couples in a common law marriage in South Carolina
Rights of couples in a common-law marriage in South Carolina
South Carolina abolished common-law marriages formed after July 24, 2019, under the ruling of the South Carolina Supreme Court in the case of Stone v. Thompson. However, the ruling did not affect common-law marriages that were entered into before this date. These marriages are still considered valid and come with certain rights.
Rights of couples in a common-law marriage in South Carolina before July 24, 2019
- Common-law marriages in South Carolina before July 24, 2019, are considered valid and are given the same legal rights and responsibilities as a traditionally licensed marriage.
- Couples in a common-law marriage can continue to file their state and federal tax returns under the status of "Married, Filing Jointly" or "Married, Filing Separately."
- They have the requirement to divorce/separate before marrying someone else – no legal bigamy/polygamy.
- They have entitlement to spousal benefits like Social Security and pensions based on the other spouse’s work history.
- They can be covered under the spouse’s workplace health insurance policy.
- They have inheritance rights, such as inheriting a spouse’s estate without a will and transferring property tax-free between spouses.
- They are entitled to equitable distribution of assets acquired during the marriage.
- A spouse has rights on death, including being preferred to administer the deceased spouse’s estate and inheriting at least 50% of the spouse’s estate when they pass away.
Rights of couples in a common-law marriage in South Carolina after July 24, 2019
Couples who entered into a common-law marriage in South Carolina after July 24, 2019, do not have the same rights as those who entered into a common-law marriage before this date. These couples will need a marriage license and a ceremony to be considered married and have spousal rights.
If you are unsure about your marital status or have a dispute involving property or spousal rights, it is recommended to seek legal guidance from a family lawyer or an estate planning lawyer.
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Frequently asked questions
Common-law marriage was recognized in South Carolina until July 24, 2019, when the state Supreme Court abolished it in the case of Stone v. Thompson.
A common-law marriage is a state-recognized marriage where spouses choose not to purchase a marriage license or have a ceremony performed by a legally recognized officiant.
Common-law marriages that existed before July 24, 2019, are still considered valid in South Carolina. However, 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.
