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Common Law Marriage in South Carolina

South Carolina stopped allowing new common law marriages after July 24, 2019, but marriages formed before then remain valid if proved by clear and convincing evidence.

Last checked . General information, not legal advice.

South Carolina at a glance

New common law marriages allowed
No, abolished
Common law marriages formed before July 24, 2019 remain valid.
Cutoff date
July 24, 2019
Abolished prospectively by the S.C. Supreme Court in Stone v. Thompson.
Requirements
Before 2019: mutual assent to be married
Each party must have intended to be married to the other, proved by clear and convincing evidence (Stone v. Thompson).

Sources

Last checked

The rules in South Carolina

Can a couple form a common law marriage in South Carolina today?

No, abolished. New common law marriages allowed in South Carolina: no, abolished. Common law marriages formed before July 24, 2019 remain valid.

When did South Carolina stop recognizing new common law marriages?

Cutoff date in South Carolina: July 24, 2019. Abolished prospectively by the S.C. Supreme Court in Stone v. Thompson.

What are the requirements for a common law marriage in South Carolina?

Requirements in South Carolina: Before 2019: mutual assent to be married. Each party must have intended to be married to the other, proved by clear and convincing evidence (Stone v. Thompson).

Where do the South Carolina common law marriage laws come from?

The rules above come from Stone v. Thompson, S.C. Sup. Ct. Op. No. 27908 (July 24, 2019) and S.C. Code 20-1-360. Each source is linked on this page. We last checked them in October 2026.

Good to know

S.C. Code 20-1-360 still says the marriage license article does not make illegal a marriage contracted without a license; the court abolished common law marriage by decision.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.