South Carolina Common Law Marriage

What Is Common-Law Marriage in South Carolina?

A common-law marriage (also known as an informal marriage) is a relationship between two individuals who live together and refer to themselves as "married" despite the fact that they have not gotten a marriage license or gone through a formal marriage ceremony in California. Colorado, New Hampshire, Kansas, Montana, Utah, and the District of Columbia are among the states that recognize this sort of union. For a variety of reasons, the concept of formal marriages may not appeal to couples. Common-law marriages provide a suitable compromise by removing a formal label while still providing several marital entitlements and rights to the parties involved, some of which include:

The right to spousal support
Insurance rights
Healthcare benefits
The right to make emergency medical decisions.
Tax deductions

While common-law marriage can be a good alternative to traditional marriage, it does have some drawbacks, such as:

It could be difficult to prove (especially if the spouse is deceased and no legal document exists to prove the relationship)
In the event of a divorce, the burden of proof falls on the opposing party.

Couples who wish to enter into a common-law marriage must meet the state's local requirements, which may include being of legal age and living together for a set period of time.

Marriage in South Carolina

South Carolina's marriage rate was 6.3 percent per 1,000 residents in 2019, a.3 percent decrease from the previous year, and the divorce rate was 2.6 percent per 1,000 married couples. According to a survey of people aged 15 and up, 45 percent of women were married compared to 49 percent of men. In the female demographic, 15% were separated or divorced, compared to 13% in the male demographic.

Does South Carolina Recognize Common-law Marriages?

South Carolina no longer recognizes common-law marriages, following a Supreme Court ruling in July 2019 that outlawed the arrangement. However, this judgment was prospective, meaning that the state still recognizes common-law marriages made before the date of the judgment. Also, in accordance with the Full Faith and Credit Clause of the United States Constitution, the state recognizes the validity of unions formed in states with common marriage laws. Cohabitation agreements are also recognized in South Carolina for couples who live together but do not have a formal marriage ceremony.

What is a Domestic Partnership in South Carolina?

A domestic partnership, also known as a civil union, is a legal relationship that grants couples the rights and benefits of marriage. Any person over the age of 18 who meets the state's requirements is eligible to enter into a domestic relationship. However, it is important to note that the rights provided by a domestic partnership are limited to what is provided by the law of the state in which they reside. Domestic partnerships, with all the rights and benefits that come with them, do not exist in South Carolina because the state's laws make no provision for them.

What is a Cohabitation Agreement in South Carolina?

A South Carolina cohabitation agreement is a legally binding agreement between a couple who lives together. A cohabitation agreement is provided for by state law and is a popular option for couples who have financial interests in common, such as property or stock. This is due to the fact that a cohabitation agreement has no legal interference or stipulations and consists solely of terms agreed to by the parties involved. Cohabitation agreements are similar to prenuptial agreements in that they outline each spouse's rights and responsibilities, as well as the rules for asset division in the event of a separation.

South Carolina Common-law Marriage and Palimony

Palimony is a legal option for couples who live together but are not married and require financial support during their cohabitation. When these two are unable to stay together in the relationship, monetary support is frequently required for a short period of time in order for one of the two to survive. In cases of cohabitation, while they may not legally marry, cohabitation usually provides both parties with the necessary financial assistance to pay bills and improve their quality of life. If the two are unable to resolve their differences and decide to divorce, it is critical that the person with the lower income receives support if at all possible. Palimony enters the picture for the couple at this point. This is similar to alimony, but there is no legally binding marriage between the two parties.

What Are the Requirements for a Common-law Marriage in South Carolina?

The Supreme Court of South Carolina abolished common-law marriage in July 2019. However, this judgment only affects common-law marriages and other similar arrangements created after that date, meaning that all common-law marriages prior to July 2019 are still recognized under the law. Also, by virtue of the Full Faith and Credit Clause, Common-law marriages created in other states where such is allowed are recognized by South Carolina, as long as their validity can be proved. The basic requirements for a common-law marriage are:

They must be of legal marriageable age (at least 16).
They cannot be related to each other in such a way that the marriage would constitute incest.
They cannot already be married to someone else as this would constitute bigamy which is illegal in the United States.
They must be mentally competent, which means they are not suffering from mental illness or under the influence of drugs or alcohol to the extent that it would impair their ability to understand what they are doing.
They must live together, and they must hold themselves accountable.

How many years do you have to Live Together for Common-law Marriage in South Carolina?

Regardless of how long a couple has lived together, no common-law marriages are permitted in South Carolina. Couples who have been together for a long time may be able to get some marital rights by signing a cohabitation agreement. This kind of relationship is provided for by South Carolina laws and is not a part of federal legislation.

Before this, there was no stipulated amount of time to validate a common-law marriage. Although there existed a prevalent misperception that after seven years of living together, couples are automatically recognized as being in a common-law marriage, the length of the relationship was not a decisive factor. Just like any other marriage, common-law marriages are contracts. Once the parties agree among themselves and demonstrate their agreement by living together, treating each other as a spouse, and presenting themselves to the community as a married couple, establishing a common-law marriage is relatively simple. After that, the parties might just sign a document declaring that they are married and what they want.

What is an Informal Marriage in South Carolina?

An informal marriage is a legal union that does not include a ceremony or other formalities, provided for by the state of Texas. Although South Carolina does not recognize informal marriages within the state, it does recognize informal marriages that are proven to be valid. As a result, if a couple living together under a valid informal marriage arrangement relocates to South Carolina from Texas, their relationship is recognized and treated as valid.

How Do You Prove Common-law Marriage in South Carolina?

Whether it is divorce or an inheritance, you will almost certainly have to prove that you were in a valid common law marriage at some point. Assuming your relationship is failing and you want a divorce, but your partner refuses to acknowledge the existence of a common-law marriage, it is your responsibility to persuade a judge otherwise and, according to the Stone v. Thompson case, you must do so with "clear and convincing" evidence. This burden of proof falls somewhere in the middle of "preponderance of the evidence" and "beyond a reasonable doubt." In practice, this means that the evidence must be highly probable, rather than simply more credible than not.

One of the most difficult requirements to prove in a common-law marriage is “holding yourselves out as married”. This is due to the fact that this element is highly fact-specific. There are steps you can take to make meeting your burden of proof easier. Among these are:

Opening a joint bank account,
Referring to each other as "spouse" in public,
Wearing wedding rings with the same last name,
Sharing expenses and household duties, and filing joint tax returns

You can also sign a common law marriage affidavit. This is a notarized statement in which you agree to have your relationship recognized as a common-law marriage. You'll also mention some of the facts mentioned in the list above that would serve to prove the marriage's existence. Copies of documents supporting your claims, such as joint bank accounts, a lease in both names, or a deed to property you jointly own, may also be included.

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove Common-law Marriage in South Carolina After Death?

The above is also true when a spouse dies without leaving a will. For inheritance purposes and other potential survivor benefits, such as money payable under your spouse's pension, you will need to demonstrate the existence of common-law marriage. While considering this line of action, it is imperative to keep in mind that there is a time constraint here. If a court does not rule that a common-law marriage existed within a certain period of time after the partner's death, you may be unable to collect death benefits, according to 62-2-802 (b)(4) (S. C. Code Ann.) As a result, you should consult with an attorney as soon as possible.

Do Common-law Marriages Require a Divorce?

Couples in a valid common-law marriage who wish to divorce must follow the same procedure as couples in a ceremonial marriage. South Carolina recognizes valid common-law marriages formed in other states and allows for divorce proceedings. Couples may need to hire attorneys to help them with court appearances and details like property division, spousal support, and child custody. Asset division is generally easier if the couple signed prenuptial agreements before getting married.

Does a Common-law Wife Have Rights in South Carolina?

South Carolina protects the marital rights and benefits of couples who entered into a common-law marriage in a state where such a union is legal. Common-law partners may be able to assert many of the same rights as married couples, including property distribution rights in the event of death or divorce.

Can a Common-law Wife Collect Social Security in South Carolina?

South Carolina does not recognize common-law marriages, so social security benefits in the state are not available to couples in such a relationship. However, if the couple resides in a state where common-law marriage is legal, or did so at the time of the marriage, then yes, the common-law wife can collect social security benefits. This is hinged on if the couple can demonstrate to the social security agencies that they are in such a relationship. After clearing this stage of proof, all that is left is paperwork for registration and documentation purposes.

Firstly, both spouses must complete a “Statement of Marital Relationship”, and provide an additional statement affirming the marriage from a blood relative. If a spouse is seeking survivor benefits, they must provide their own statement in addition to one from a blood relative, and two from blood relatives of the deceased. Social Security may request supporting documentation of a valid common-law arrangement, such as a mortgage or rent receipts.

Are Common-law Wives Entitled to Half in South Carolina?

Common-law wives have the same marital rights and entitlements as spouses in a ceremonial marriage in the event of divorce. Because South Carolina is not a community property state, the property is not divided equally. Instead, the law stipulates that the property is distributed in a way that is fair and equitable to both parties, which may or may not be an equal distribution and can complicate determining which property is separate and which is marital. Property may have to be sold in some cases in order for the property distribution to be fair and equitable. Gifts given by spouses are also considered marital property. As a result, they are vulnerable to property division. Debts must also be divided.

When deciding how to divide property between two spouses, a court will consider a number of factors. These elements are as follows:

Length of the marriage
Ages of the spouses at the time of marriage and divorce
Wrongdoing such as adultery by either spouse during the marriage
Value of the marital property and amount each spouse contributed to the asset
Income of each spouse
Potential earnings for each spouse
Each spouse’s health condition
Separate property of each spouse
Retirement benefits of each spouse
Decisions on child custody, child support, and other arrangements
Any maintenance or alimony awarded as part of the divorce
Tax consequences of certain types of property division
Child or spousal support arrangements from a previous marriage.

How Do You Get A common-law Marriage Affidavit in South Carolina?

A common-law couple marriage affidavit can be obtained only in states that recognize this type of partnership. This means that such affidavits are not obtainable in South Carolina. Although each state's requirements for common-law marriages vary, most states follow the same general guidelines for what should be included in an affidavit, and these include:

The state where the partners intend to marry.
The partners' legal age to marry.
The date the decision was made must be included in the affidavit.

The affidavit must also include details of any other license or common-law marriage, including wedding dates and termination dates.

When Did Common-law Marriage End in South Carolina?

On July 24, 2019, the South Carolina Supreme Court officially ended South Carolina's status as one of only about ten states at the time that allowed couples to marry without a license if they met the state's requirements for common-law marriage. The ruling was a prospective judgment, which means it has no effect on existing common-law marriages that existed at the time of the court's decision. Such unions, however, may not be formed after the date of the Supreme Court's decision. This timing must be reflected in the documents submitted to prove the arrangement (e.g., tax returns, documents filed under penalty of perjury, public introductions, contracts, and checking accounts).

South Carolina couples who want to enter into a valid marriage in South Carolina in the future must have a license. The state Supreme Court has ruled that there will be no new common-law marriages in South Carolina.

What is Considered Common-law Marriage in South Carolina?

As of July 2019, South Carolina marriage records do not include common-law marriages. According to state law, it is illegal for anyone to contract matrimony in this state without first obtaining a license, and it is also illegal for anyone to perform the marriage ceremony without such a license. Prior to this, there were two basic common law marriage requirements:

That the two people were eligible to be legally married.
That they both intend to marry each other right now.

The first part, which is that the parties be “eligible” to marry, is easier to distinguish between the two. There must be no impediments to marriage in order to be eligible. This includes being over the age of 16, being legally able to marry (i.e. not still married to another person), and not being involved in a prohibited marriage (i.e. between family members). The second part is a little more difficult, as it is uncertain what constitutes proof of the parties' intent to marry. This “present intent” to marry is generally established by evidence demonstrating that the parties were cohabiting and holding themselves out as married, both publicly and privately.

Is a Domestic Partnership the Same as a common-law marriage?

A common-law marriage occurs when an unmarried couple lives together and presents themselves to family and friends as married despite the fact that no formal ceremony or marriage license has been obtained. Common-law marriage is legal in 8 states and the district of Columbia. There are more requirements than simply living together to be considered common-law, but they vary by state.

A domestic partnership is an unmarried couple who live together and want many of the same benefits as a married couple, such as health benefits. Domestic partnerships are recognized in 11 states, but how they are recognized varies by state. Every state has the authority to define what constitutes a marriage.

Does the Federal Government Recognize South Carolina Common-law Marriages?

Only six states and the District of Columbia recognize common-law marriages as of 2021. These are Colorado, Kansas, Iowa, Montana, New Hampshire, Texas, and Utah. Common-law marriages are also recognized and considered valid in Alabama, Georgia, Idaho, Pennsylvania, and Oklahoma. In South Carolina and Ohio, the union will be recognized as long as it occurs before a certain date. Each of these jurisdictions has its own rules regarding common-law marriages. Some states have specific statutes, while others use public policy and law to determine validity.

The federal government only recognizes common-law marriages that originate in states where such marriages are legal. These states' common-law marriages can be used for federal income tax purposes as well as immigration purposes such as obtaining permanent residency.