No, South Carolina does not allow new common law marriages to be formed within the state. The South Carolina Supreme Court officially abolished common law marriage on July 24, 2019. Any relationship that began after that date cannot qualify as a common law marriage under South Carolina law.
However, South Carolina does recognize common law marriages that were validly established before July 24, 2019, as well as common law marriages that were legally formed in another state that still permits them. Under the Full Faith and Credit Clause of the U.S. Constitution, those marriages are generally honored even though South Carolina no longer allows new ones to arise.
How Marriage Is Defined in South Carolina
In South Carolina, marriage is a legal status, not a relationship that develops over time.
To be legally married today, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under state law
- Have the marriage solemnized by an authorized officiant
If these steps are not completed, the relationship is legally considered unmarried, regardless of how long the couple has lived together or how they present themselves publicly.
The 2019 court decision was meant to bring clarity and consistency to marriage law.
South Carolina’s History With Common Law Marriage
Before July 24, 2019, South Carolina allowed common law marriage, but courts applied increasingly strict standards over time.
To establish a valid pre-2019 South Carolina common law marriage, a couple generally had to prove:
- A mutual and present agreement to be married
- Cohabitation
- Holding themselves out publicly as husband and wife
As years passed, courts required clear and convincing evidence, and many claims failed. The Supreme Court ultimately abolished the practice, citing confusion, inconsistent outcomes, and social changes.
Why South Carolina Ended Common Law Marriage
The South Carolina Supreme Court concluded that common law marriage:
- Created uncertainty
- Encouraged litigation after breakups or death
- No longer reflected modern expectations around marriage
The court emphasized that marriage is a significant legal status with serious consequences and should begin with a clear, intentional act—not assumptions drawn from conduct years later.
Long-Term Relationships Are Not Automatically Marriages
Under current South Carolina law, there is a firm distinction between:
- Committed relationships, and
- Legal marriages
A couple may:
- Live together for decades
- Own property jointly
- Share finances
- Raise children
- Be socially viewed as spouses
And still have no marital rights if they never legally married or formed a valid common law marriage before July 24, 2019.
Commitment alone does not create legal marriage.
What Happens When Unmarried Couples Separate?
Because common law marriage is no longer available for new relationships, separation between unmarried partners is not treated as a divorce.
Property Division
South Carolina’s marital property rules apply only to married spouses. For unmarried couples:
- Property generally belongs to whoever owns it or paid for it
- Joint property is divided based on ownership interests
- Courts do not presume an equal split
No Spousal Support
Alimony applies only to legal marriages. Unmarried partners generally have no right to spousal support after separation.
Children Are Separate From Marriage
Child custody and child support are decided independently of marital status. Parental obligations exist regardless of whether the parents were married.
Inheritance and Death of a Partner
This is where incorrect assumptions can cause the greatest harm.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under South Carolina intestacy law
Unless a valid pre-2019 common law marriage or a recognized out-of-state common law marriage is proven, long-term partners may receive nothing.
Recognition of Out-of-State Common Law Marriages
South Carolina will recognize a common law marriage if:
- It was validly formed in another state that allows common law marriage, and
- It met that state’s legal requirements at the time
For example, a couple legally married under common law in Montana or Oklahoma may still be treated as married after moving to South Carolina.
South Carolina itself does not create or revive common law marriages.
Common Misunderstandings in South Carolina
Many disputes start with assumptions like:
- “We’ve lived together long enough”
- “Everyone knows we’re married”
- “Marriage is just paperwork”
In South Carolina, that paperwork is what determines legal status.
Legal Planning for Unmarried Couples
Since common law marriage is no longer an option, planning is essential.
Cohabitation Agreements
These can clarify:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
South Carolina courts often enforce clear, voluntary agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney and health care directives
Without these, a surviving partner may have no legal protection.
Final Takeaway
South Carolina no longer allows common law marriages to begin, regardless of how long or committed a relationship may be. Only marriages formed before July 24, 2019, or valid common law marriages created in other states, are recognized.
