Kara Sears
Common-law marriage, which allows couples to be considered married without a traditional ceremony or official license, has existed for centuries in South Carolina. However, in 2019, the state Supreme Court abolished it, causing confusion for couples and the court system. While new common-law marriages cannot be formed, couples who entered into such arrangements before the change are still considered married and must go through a legal divorce process to dissolve their union. This has led to legal complexities, especially in cases of property division, child custody, and alimony.
| Characteristics | Values |
|---|---|
| Recognition | Common-law marriage is no longer recognized in South Carolina as of 2019. |
| Previous recognition | Previously, South Carolina was one of the few states that recognized common-law marriage. |
| Requirements | Both partners must be at least 16 years old, not currently married, and not closely related by blood. |
| Co-habitation | Couples must live together and agree to be considered spouses. |
| Proof | "Clear and convincing evidence" is required to prove a common-law marriage in court. |
| Rights | Common-law marriages grant many legal rights, including spousal benefits, inheritance rights, and the ability to file joint tax returns. |
| Divorce | Common-law marriages require a legal divorce to dissolve, with similar considerations to traditional marriages, such as property division, child custody, and alimony. |
| Interstate recognition | Recognition may vary when moving to another state that doesn't recognize common-law marriage. |
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What You'll Learn
- Common law marriage in South Carolina was abolished in 2019
- Couples who entered into common-law marriage before 2019 are still considered married
- Common-law marriages grant many legal rights, but there are differences in areas like estate claims, benefits and taxes
- Common-law marriage was ended to prevent confusion and lengthy legal fights over property, alimony and other issues
- Common-law marriages can be proved by clear and convincing evidence such as testimonies, documents and tax returns
Common law marriage in South Carolina was abolished in 2019
Common-Law Marriage in South Carolina
Common-law marriage in South Carolina has a long history, but it was abolished in 2019. This type of marriage allowed couples to be considered legally married without a marriage license or wedding ceremony. While common-law marriage is no longer recognised in South Carolina, couples who entered into such a union before the law changed are still considered married and have the same legal rights as any married couple.
History of Common-Law Marriage in South Carolina
Common-law marriage has existed for centuries in South Carolina, arising from the difficulties of transportation to courthouses and the cost of marriage licenses. For many years, South Carolina was one of the few states that recognised this type of marriage. However, in recent decades, many states have abolished it.
Reasons for Abolition
The South Carolina Supreme Court abolished common-law marriage in 2019, citing several reasons for its decision. One key reason was the confusion it caused for both couples and the court system, as it was often challenging to prove exactly when or if a common-law marriage began. This confusion could lead to lengthy and complex legal disputes over property, alimony, child custody, and other marriage-related issues.
Impact of Abolition
The abolition of common-law marriage in South Carolina means that couples can no longer enter into this type of marriage in the state. However, the change does not apply retroactively, and couples who were in a common-law marriage before the law changed still have the same legal rights and obligations as any married couple. This includes the requirement to obtain a legal divorce if they wish to separate, as well as entitlements to spousal benefits, inheritance rights, and the ability to file joint tax returns.
Seeking Legal Advice
The change in the law has created both relief and confusion for many couples, and those with concerns about their rights or the impact of the change on their relationship are encouraged to seek legal advice. An experienced family law attorney can provide guidance on understanding your marital status, protecting your rights, and navigating any legal issues that may arise due to the change in law.
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Couples who entered into common-law marriage before 2019 are still considered married
In 2019, South Carolina abolished common-law marriage, which allowed couples to be legally married without a marriage license or wedding ceremony. However, this ruling did not affect couples who had already entered into a common-law marriage before this date. These couples are still considered married and retain the same legal rights and obligations as any married couple.
Proving 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 for a common-law marriage were met. This proof typically consists of "'clear and convincing evidence'", which may include testimonies from friends and family, documentation of shared assets and joint financial responsibilities, and other documents such as tax returns, health care forms, and beneficiary designations.
Rights and Obligations of Common-Law Marriages
Common-law marriages grant many legal rights, including spousal benefits like Social Security and pensions, the ability to file joint tax returns, coverage under the spouse's health insurance, and inheritance rights. However, there may be differences in certain areas like estate claims, benefits, and taxes compared to a licensed ceremonial marriage.
Ending a Common-Law Marriage
Ending a common-law marriage requires a legal divorce, just like a traditional marriage. This includes issues such as property division, child custody, and alimony. It is important to seek legal guidance to understand your rights and obligations during the divorce process.
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Common-law marriages grant many legal rights, but there are differences in areas like estate claims, benefits and taxes
Common-law marriages in South Carolina grant many legal rights, but there are differences in areas like estate claims, benefits, and taxes.
On July 24, 2019, the state Supreme Court abolished common-law marriages in South Carolina, stating that "from this date forward [...] parties may no longer enter into a valid marriage in South Carolina without a license." This decision, known as Stone v. Thompson, was made due to the confusion and challenges it posed for couples and the court system, as it was difficult to prove when or if a common-law marriage began.
Despite this abolition, couples who entered into common-law marriages before the 2019 cutoff are still recognised as married under the law and retain certain rights and obligations. These include the requirement to obtain a divorce or separation before marrying someone else, entitlement to spousal benefits, the ability to file joint tax returns, and inheritance rights. However, there may be differences in these areas compared to licensed ceremonial marriages, especially when moving to another state that does not recognise common-law marriages.
In terms of estate claims, a spouse has rights upon the death of their partner, including inheriting a portion of their estate, receiving benefits, and having a say in funeral arrangements. When it comes to benefits, common-law spouses may be entitled to Social Security and pensions based on their spouse's work history and may be covered under their spouse's workplace health insurance. However, there may be variations in benefits compared to licensed marriages, and it is essential to understand the specific state laws.
Taxes are another area where common-law marriages may differ. While pre-2019 common-law married couples in South Carolina can still file joint tax returns, there may be variations in tax benefits or deductions compared to licensed marriages. Additionally, taxes can become more complex in cases of property ownership disputes, as any property acquired during the marriage is considered marital property and subject to division.
Overall, while common-law marriages in South Carolina grant many legal rights, there are nuances and potential differences in various areas, including estate claims, benefits, and taxes. Couples in a common-law marriage or those with questions about their marital status should seek legal guidance to understand their specific rights and obligations.
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Common-law marriage was ended to prevent confusion and lengthy legal fights over property, alimony and other issues
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. The state's recognition of marriages without formal documentation was also particularly desirable to legitimize children born out of wedlock.
However, in 2019, the South Carolina Supreme Court ended the practice of forming new common-law marriages. The Court's decision in Stone v. Thompson stated that "from this date forward—that is, purely prospectively—parties may no longer enter into a valid marriage in South Carolina without a license." This ruling was made to prevent confusion and lengthy legal fights over property, alimony, and other issues.
Before the abolition of common-law marriages in 2019, couples in South Carolina could be legally married without a formal ceremony or marriage license. To be recognized as common-law married, couples needed to present themselves as a married couple to friends, family, and the community; intend to be married, even without an official ceremony; and cohabit for a sufficient period (although no specific timeframe was required).
The proof of a common-law marriage usually consisted of witness testimonies and documents such as income tax returns, health care forms, and beneficiary designations. However, this often led to confusion and disputes, especially when one party denied the existence of the marriage. The burden of proof would then fall on the other party to demonstrate that the requirements for a common-law marriage were met, leading to lengthy legal battles.
By abolishing common-law marriages, South Carolina aimed to prevent these lengthy legal fights over property, alimony, and other issues. Couples who were in a common-law marriage before the 2019 cutoff are still recognized as married and have the same legal rights and obligations as any married couple, including the requirement to obtain a legal divorce if they wish to separate.
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Common-law marriages can be proved by clear and convincing evidence such as testimonies, documents and tax returns
In South Carolina, common-law marriages are considered valid if they were established before July 24, 2019. After this date, the state Supreme Court abolished common-law marriages, citing confusion and challenges in proving the exact commencement of such unions.
For couples who entered into a common-law marriage before this cutoff date, it is crucial to understand how to prove their marital status. Clear and convincing evidence is the standard required by the courts to establish a common-law marriage. This burden of proof typically falls on the party asserting the existence of the marriage if its validity is contested.
Testimonies from friends and family can be instrumental in proving a common-law marriage. Statements from individuals who can attest to the couple presenting themselves as married and their intention to be considered spouses are valuable. These testimonies can provide insights into how the couple was perceived by their community.
Documents and official records can also serve as convincing evidence. Income tax returns, health care forms, beneficiary designations, and joint bank accounts or property ownership documents can be examined by courts to determine the nature of the relationship. These documents can demonstrate shared finances, joint assets, and the couple's intention to be considered married.
Additionally, other forms of documentation, such as birthday and Valentine's Day cards, Christmas cards with specific signatures, and hotel check-ins can provide supporting evidence of the couple's commitment and presentation as a married couple.
While South Carolina has abolished common-law marriages going forward, it is important to recognize the ongoing validity of those established before the 2019 cutoff. Couples in this situation should be aware of the potential challenges in proving their marital status and the need for clear and convincing evidence through testimonies, documents, tax returns, and other relevant forms of proof.
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Frequently asked questions
Common-law marriage is a type of marriage where a couple is considered married in the eyes of the law without obtaining a marriage license or having a wedding ceremony.
South Carolina abolished common-law marriages on July 24, 2019, through a Supreme Court decision known as Stone v. Thompson.
Yes, common-law marriages that were entered into before July 24, 2019, are still recognized and hold the same legal validity and rights as ceremonial marriages.
