Common law marriage once allowed couples to be recognized as married without a ceremony or a license. But in South Carolina, that chapter has officially closed. The state now requires every couple to go through the formal process to be legally married.
Known for its historic charm and southern warmth, South Carolina is a state where traditions often shape everyday life. From Charleston’s cobblestone streets to Greenville’s vibrant downtown, the state’s sense of community runs deep.
Over time, the idea of common law marriage in SC reflected that same spirit of commitment. Yet, as society evolved, the law needed clarity — and that brought significant change.
What Is Common Law Marriage?
A common law marriage happens when a couple lives together and presents themselves as married, even without an official license. They share finances, introduce each other as spouses, and act as a married pair in public. In many states, such relationships carry the same legal weight as a traditional marriage.
However, this concept often led to confusion and disputes. Some couples believed they were legally married, while others discovered too late that they were not.
When Did South Carolina End Common Law Marriage?
In July 2019, the South Carolina Supreme Court decided to abolish new common law marriages. The ruling came through a landmark case known as Stone v. Thompson. The court stated that while existing common law marriages would still be honored, no new ones could form after that date.
This decision was made to remove uncertainty from family and property disputes. Without clear proof of intent, courts often struggled to determine whether a couple was genuinely married or just living together. The new rule ensures every marriage is backed by legal documentation.
Why the Change Was Needed
Before the law changed, proving a common law marriage was often complex. People relied on shared bills, bank accounts, or witness statements to show that a marriage existed. Judges had to interpret private relationships with little evidence, leading to inconsistent results.
The new law helps avoid those gray areas. It provides a single path to legal marriage: obtaining a marriage license. This step ensures that both partners fully agree to their marital status and understand the legal rights that come with it.
What Happens to Existing Common Law Marriages
Couples who formed a legitimate common law marriage before July 24, 2019, are still recognized as married under state law. However, they may need to present strong proof if questions arise.
Evidence that can help include:
- Joint tax returns or shared financial accounts
- Property or vehicle titles listing both names
- Insurance policies naming each other as spouse
- Statements from friends or family about their public relationship
If a couple cannot provide such evidence, the court may rule that no marriage existed. That could affect inheritance, property division, or the right to spousal support.
How the Change Affects Residents Today
For couples living together after 2019, the law is simple. Cohabiting or introducing each other as partners does not create a marriage. They must apply for a marriage license through the county office and complete an authorized ceremony.
This protects both individuals and makes future legal matters clear. It also means that if partners separate, they can handle the situation without complex debates about whether a marriage ever existed.
Legal and Personal Implications
Ending common law marriage affects more than legal documents. It changes how people define relationships in the state. Many older residents grew up believing that living together for years meant being “married in the eyes of the law.”
Now, clarity replaces assumption. The law removes doubt about who is entitled to property, healthcare decisions, or financial benefits. For attorneys and judges, it also reduces emotional and financial strain on families caught in legal uncertainty.
What Couples Should Do
If you live in South Carolina and are unsure about your marital status, it’s important to take action.
Here are simple steps to stay protected:
- Check your timeline. If you began living together before 2019, gather records showing your intent to be married.
- Get a marriage license. For newer relationships, apply through the local probate court.
- Consult a family law attorney. A lawyer can help you confirm your legal status or file for marriage officially.
- Update documents. Review wills, insurance, and property deeds to ensure everything reflects your current situation.
Key Takeaways
- South Carolina ended new common law marriages in July 2019.
- Existing unions from before that date can still be valid with proof.
- Formal marriage now requires a license and ceremony.
- Clear documentation prevents disputes over property or inheritance.
- Legal advice is essential if your relationship began before the law changed.
Published by HOLR Magazine.