Common law marriage in South Carolina is no longer available to couples who weren’t already in one by July 24, 2019. On that date, the South Carolina Supreme Court abolished the practice going forward. If you and your partner met every legal requirement before that cutoff, your marriage is still fully valid and carries the same rights as any ceremonial union. If your relationship began after it, the only way to be legally married in South Carolina is to get a license and have a ceremony.
What Changed in July 2019
In Stone v. Thompson, the South Carolina Supreme Court ended the formation of new common law marriages in the state. The ruling took effect July 24, 2019, the date the opinion was filed, and applies only prospectively. No couple can enter a common law marriage in South Carolina on or after that day, no matter how long they live together or how they present themselves. Marriages validly formed before the cutoff are untouched.1Justia Case Law. Stone v. Thompson – 2019 – South Carolina Supreme Court Decisions
What Counts as a Valid Pre-2019 Common Law Marriage
Three elements had to exist at the same time before July 24, 2019:
- Mutual present intent to be married. Both partners agreed, in the present tense, that they were spouses. An intention to marry someday did not count, and one partner’s belief wasn’t enough if the other treated the relationship as cohabitation.
- Cohabitation. The couple lived together in a settled, ongoing relationship.
- Holding out. The couple publicly presented themselves as married — using the same last name, listing each other as “spouse” on insurance or employment forms, filing joint tax returns, or being generally known in the community as a married couple.
The widely repeated idea that living together for seven or ten years creates a marriage is a myth. South Carolina never set a minimum number of years. What mattered was the combination of intent, cohabitation, and public holding out, all at once.
Proving It When Someone Challenges the Marriage
If the marriage is ever disputed — in a divorce, a probate case, or a benefits claim — the person asserting it has to prove it by clear and convincing evidence. That is a higher standard than most civil matters use, and loose anecdotes rarely clear it.
Evidence that typically carries weight includes:
- Joint bank accounts, mortgages, or deeds with both names
- Joint federal or state tax returns
- Insurance policies, employer records, or benefit forms naming each other as spouse
- Shared leases and utility bills
- Testimony from relatives, friends, and neighbors who knew the couple as married
If you rely on a pre-2019 common law marriage for any legal purpose, gather and keep this documentation now. A court that isn’t convinced will treat the relationship as if no marriage ever existed, even where the partners sincerely believed otherwise.
Common Law Marriages From Other States
South Carolina still recognizes a common law marriage that was validly formed in another state that allows it. States including Colorado, Iowa, Kansas, and Montana continue to permit common law marriage under varying conditions.2National Conference of State Legislatures. Common Law Marriage by State If you met the requirements under that state’s law while you lived there and later moved to South Carolina, you are married here with the same rights and obligations as any other spouse, including the need for a formal divorce to end the marriage.
Rights That Come With a Recognized Common Law Marriage
A valid common law marriage — whether formed in South Carolina before the cutoff or validly created in another state — is treated the same as a ceremonial marriage for both state and federal purposes.
Inheritance. Under South Carolina’s probate code, a surviving spouse who inherits without a will receives the entire estate if there are no children, or one-half if there are surviving children.3South Carolina Legislature. South Carolina Code of Laws Title 62 – Section 62-2-102 Those rights belong only to a legal spouse. If a common law marriage is unproven, the surviving partner may need to establish it in probate court, which decides who the decedent’s heirs are.4South Carolina Legislature. South Carolina Code 62-1-302 – Subject Matter Jurisdiction
Social Security. The Social Security Administration recognizes common law marriages for spousal and survivor benefits. It typically asks for signed statements from both spouses (or the surviving spouse) and from blood relatives who can confirm the relationship,5Social Security Administration. Code of Federal Regulations Section 404.726 along with corroborating records such as mortgages, insurance policies, medical records, and bank records.6Social Security Administration. Development of Common-Law (Non-Ceremonial) Marriages
Veterans benefits. The Department of Veterans Affairs recognizes a common law marriage for survivor pensions and other spousal benefits if the marriage was valid under the laws of the state where the veteran lived.7U.S. Department of Veterans Affairs. Important Information on Marriage For a South Carolina veteran, that means the marriage must have been established before July 24, 2019.
Federal taxes. The IRS recognizes a marriage valid under the law of the state where it was entered into.8Internal Revenue Service. Publication 15 (2026), (Circular E), Employers Tax Guide If your South Carolina common law marriage was valid before the cutoff, you must file as married — jointly or separately — not as single or head of household.9Internal Revenue Service. Filing Status
FMLA and immigration. The Family and Medical Leave Act’s definition of “spouse” covers a common law marriage valid in the state where it was entered, so your employer must allow FMLA leave to care for your spouse.10U.S. Department of Labor. Fact Sheet #28L – Leave Under the Family and Medical Leave Act When You and Your Spouse Work for the Same Employer USCIS likewise recognizes common law marriages for visa petitions when valid where celebrated, with additional evidence that the marriage is genuine.11USCIS. Chapter 6 – Spouses
Ending a Common Law Marriage
There is no “common law divorce.” Once the marriage exists, ending it requires the same process as any other divorce: a summons and complaint filed in Family Court for the county where you or your spouse lives, with a $150 filing fee.12The South Carolina Judicial Branch. Family Court Filing Fees You must prove one of the five grounds recognized by South Carolina law: adultery, desertion for at least one year, physical cruelty, habitual drunkenness (including habitual narcotic drug use), or one continuous year of living apart without cohabitation.13South Carolina Legislature. South Carolina Code Section 20-3-10 – Grounds for Divorce The one-year separation ground is the most commonly used because neither spouse has to prove fault. A final decree from a Family Court judge is the only thing that ends the marriage and frees either party to remarry.
If Your Relationship Began After July 24, 2019
You can’t become common law spouses in South Carolina now, no matter how long you’ve been together. To be legally married, you need a license and a ceremony. Both applicants must be at least 18, and there is no residency requirement. You apply through the probate court in any South Carolina county, wait 24 hours after filing, and pay roughly $70 to $95 depending on the county. The ceremony must be performed by a minister, rabbi, officer authorized to administer oaths (such as a notary public or judge), or a chief or spiritual leader of a Native American entity recognized by the South Carolina Commission for Minority Affairs.14South Carolina Legislature. South Carolina Code of Laws Title 20 Chapter 1 – Section 20-1-20
Until you marry, you have no spousal rights under South Carolina law, so protective documents matter. A healthcare power of attorney lets you name your partner to make medical decisions if you become incapacitated; South Carolina treats it as durable, so it remains in effect after you lose capacity.15South Carolina Legislature. South Carolina Code 62-5-502 – Health Care Power of Attorney Without it, hospitals typically defer to biological family. A will matters just as much, because an unmarried partner has no right to inherit under the state’s intestate succession rules and would receive nothing automatically.3South Carolina Legislature. South Carolina Code of Laws Title 62 – Section 62-2-102 Joint titling of property, beneficiary designations on retirement and bank accounts, and a written cohabitation agreement covering shared property and expenses can round out the picture.