Common Law Marriage Laws South Carolina Laws

Common Law Marriage in South Carolina: Is It Recognized? (2026)

June 2, 20269 min read

Common Law Marriage in South Carolina: Is It Recognized? (2026)

South Carolina abolished the formation of new common law marriages on July 24, 2019, when the South Carolina Supreme Court decided Stone v. Thompson, 428 S.C. 79 (2019). Common law marriages entered into before that date can still be valid, but the court also raised the evidentiary standard to clear and convincing evidence. South Carolina continues to recognize valid common law marriages formed in other states.

Information last verified on June 2, 2026.

Jurisdiction scope: This article addresses South Carolina state law on common law marriage, including the 2019 Stone v. Thompson decision. For a state-by-state comparison, see Common Law Marriage by State.

Does South Carolina Recognize Common Law Marriage?

South Carolina no longer allows couples to form a new common law marriage within its borders. The South Carolina Supreme Court abolished the formation of common law marriages on July 24, 2019, in Stone v. Thompson, 428 S.C. 79 (2019). The decision was prospective: no common law marriage can be created in South Carolina on or after that date, but common law marriages that were fully formed before July 24, 2019, retain their legal validity.

Before Stone, South Carolina was one of a dwindling number of states that still allowed common law marriage formation. South Carolina courts recognized a common law marriage when three elements were all present: (1) both parties had legal capacity to marry; (2) the parties entered a present, mutual agreement to be married, not merely to live together; and (3) the parties cohabited and publicly held themselves out to the community as husband and wife. No license, ceremony, or official record was required.

The Stone court found the common law marriage doctrine increasingly inconsistent with the modern statutory framework for marriage in South Carolina, noting that the legislature had created a comprehensive licensing and solemnization system. The court concluded that prospective abolition best served the public interest in certainty about marital status.

The Stone v. Thompson Decision: What Changed in 2019

Stone v. Thompson changed South Carolina common law marriage doctrine in two important ways, not just one.

a closed law book with a faded ribbon marker resting on a bench

First, the court abolished the formation of new common law marriages going forward from July 24, 2019. Couples who began living together or who entered informal agreements after that date cannot form a valid common law marriage in South Carolina regardless of the length of cohabitation or the nature of their relationship.

Second, and equally significant, the court raised the standard of proof required to establish a pre-cutoff common law marriage in any proceeding where the marriage is contested. Before Stone, a party asserting a common law marriage needed to prove it by a preponderance of the evidence, meaning more likely than not. After Stone, the party must prove the marriage by clear and convincing evidence, a substantially higher bar that requires the factfinder to be firmly convinced the marriage existed.

The heightened standard applies to all proceedings in which a common law marriage is asserted after the decision date, even if the alleged marriage was formed years or decades before 2019. This matters in divorce proceedings, estate disputes, insurance claims, and benefits determinations. A couple that cohabited and believed themselves married before 2019 may now face a more difficult path to proving that legal status if the other party, or the other party's estate, contests it.

The clear and convincing standard is the same standard the Alabama Supreme Court adopted when Alabama abolished common law marriage in 2017. Courts in both states recognized that raising the proof bar protects against fraudulent claims while still honoring genuinely formed pre-cutoff marriages.

Requirements That Applied Before July 24, 2019

For anyone seeking to establish that a common law marriage existed before the Stone abolition date, South Carolina courts examine whether all three elements were satisfied before July 24, 2019.

Legal Capacity

Both parties must have had the legal capacity to marry at the time the marriage was formed. Capacity required each person to be of legal age, to not be currently married to another person, and to not be related to the other party within a prohibited degree of relationship under South Carolina law.

Present Agreement to Be Married

South Carolina required a present, mutual agreement that the parties were, at that moment, entering a marital relationship. An agreement to live together, or a future intention to marry, did not suffice. The South Carolina Court of Appeals consistently held that the agreement must be a present exchange: "I am your husband and you are my wife," not "We plan to get married someday." Evidence of this element often came from how the parties described their relationship to others, whether they used marital titles, and whether they signed documents as husband and wife.

Cohabitation and Holding Out Publicly

The parties must have actually lived together as husband and wife and must have held themselves out to the community as a married couple. Courts looked at whether the couple used the same last name, filed joint tax returns as married, listed each other as spouses on insurance or beneficiary forms, introduced each other as husband or wife to friends and family, and were known in their community as a married couple.

How a Pre-2019 South Carolina Common Law Marriage Is Proved

Because a common law marriage leaves no official certificate or registration, proving it requires assembling a record of evidence that, taken together, demonstrates to a clear and convincing standard that all three elements were present before July 24, 2019.

Types of evidence South Carolina courts have considered include:

Joint federal and state income tax returns filed with both parties identified as married
Joint bank accounts, credit cards, or loan applications opened in both names identifying a spousal relationship
Deeds, leases, or mortgage documents listing both parties as husband and wife
Insurance policies naming the other party as a spouse or listing marital status
Affidavits from friends, family members, neighbors, or coworkers who knew the couple as married
Correspondence, cards, or social media posts in which the parties referred to each other as husband or wife
Hospital records or emergency contact forms identifying the other party as a spouse
Obituaries or death certificates identifying the relationship as a marriage

No single document is conclusive. Courts evaluate the totality of the circumstances. Under the clear and convincing standard, the evidence must be sufficient to firmly convince the factfinder that the marriage existed, not merely to tip the scales in its favor.

Does South Carolina Recognize a Common Law Marriage From Another State?

Yes. South Carolina recognizes a valid common law marriage formed in another state, provided the marriage was validly created under the law of that other state at the time it was formed. This follows both the Full Faith and Credit Clause of the U.S. Constitution and the general conflict-of-laws principle that a marriage valid where celebrated is valid everywhere.

a stack of envelopes and a small tray on an entryway table

For example, a couple who formed a valid informal marriage in Texas under Tex. Fam. Code 2.401 before relocating to South Carolina would have that marriage recognized by South Carolina courts and state agencies. The same applies to couples who formed a common law marriage in Colorado, Iowa, Kansas, Montana, Rhode Island, or the District of Columbia, all of which still permit new common law marriages to be formed.

South Carolina's 2019 abolition affected only the formation of new common law marriages within the state. It did not change the principle that a marriage validly formed elsewhere is recognized when the couple moves to South Carolina. Out-of-state recognition turns on whether the marriage met the requirements of the state where it was formed, not South Carolina's own requirements.

How a Common Law Marriage Ends in South Carolina

A valid common law marriage in South Carolina, whether formed within the state before July 24, 2019, or validly formed in another state, ends only through formal divorce or the death of a spouse. There is no such thing as a "common law divorce."

The parties cannot dissolve a common law marriage by simply separating, moving apart, or declaring that the relationship is over. If a valid common law marriage exists, one spouse must file for divorce in the appropriate South Carolina Family Court, follow the statutory grounds and procedures under the South Carolina Code, and obtain a divorce decree from the court. Until that decree is entered, both parties remain legally married with all of the legal rights and obligations of marriage, including spousal rights to marital property and potential entitlement to alimony.

This matters practically because a person who believes they left a common law marriage by moving out or ending the relationship may in fact still be legally married. Marrying someone else without first obtaining a divorce would constitute bigamy under South Carolina law.

The 7-year myth: A widespread belief holds that living together for seven years automatically creates a common law marriage, or conversely that a couple must be separated for seven years to end one. Neither is correct. No state has ever required a specific number of years of cohabitation to form a common law marriage, and no state dissolves a marriage based on a period of separation alone. In South Carolina before 2019, what mattered was the present agreement to be married and the public holding out, not how long the couple had lived together.

South Carolina Alimony and Common Law Marriage

If a pre-2019 South Carolina common law marriage is recognized, the parties have the same rights and obligations as spouses in a formally solemnized marriage. That includes the potential for an alimony award upon divorce under S.C. Code Title 20. South Carolina courts may award periodic alimony, rehabilitative alimony, reimbursement alimony, lump sum alimony, and other forms of support depending on the facts of the case.

For information about how South Carolina calculates and awards alimony, see South Carolina Alimony Laws.

Child support obligations are separate from marital status and arise from parentage. For South Carolina child support rules, see South Carolina Child Support Laws.

Legal disclaimer: This page provides general legal information about South Carolina common law marriage law based on statutes and case law verified as of June 2, 2026. Laws change; this article may not reflect the most recent developments. This page does not constitute legal advice and does not create an attorney-client relationship. Common law marriage issues are fact-specific and can affect significant legal rights, including property, inheritance, benefits, and marital status. Consult a licensed South Carolina family law attorney for advice about your particular situation.

a wall calendar with one date circled in red marker on a desk

More South Carolina Laws

Sources

Stone v. Thompson, 428 S.C. 79, 833 S.E.2d 266 (2019). South Carolina Supreme Court.
South Carolina Code Title 20 (Domestic Relations). South Carolina Legislature. https://www.scstatehouse.gov/code/title20.php
Full Faith and Credit Clause, U.S. Const. art. IV, sec. 1. https://constitution.congress.gov/constitution/article-4/
Cornell Law School Legal Information Institute: Common Law Marriage. https://www.law.cornell.edu/wex/common-law_marriage

Last updated: June 2, 2026.

Sources and References

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Common Law Marriage Laws South Carolina Laws

Common Law Marriage in South Carolina: Is It Recognized? (2026)

June 2, 20269 min read

Common Law Marriage in South Carolina: Is It Recognized? (2026)

Information last verified on June 2, 2026.

Jurisdiction scope: This article addresses South Carolina state law on common law marriage, including the 2019 Stone v. Thompson decision. For a state-by-state comparison, see Common Law Marriage by State.

Does South Carolina Recognize Common Law Marriage?

The Stone v. Thompson Decision: What Changed in 2019

Stone v. Thompson changed South Carolina common law marriage doctrine in two important ways, not just one.

a closed law book with a faded ribbon marker resting on a bench

Requirements That Applied Before July 24, 2019

For anyone seeking to establish that a common law marriage existed before the Stone abolition date, South Carolina courts examine whether all three elements were satisfied before July 24, 2019.