Marriage, Hoodies, and South Carolina: What You Need to Know About Common Law Connections
You know that feeling? That moment when you pull on a garment and it just feels right? The perfect fit. The right amount of stretch. Comfortable yet stylish. Emotional yet utilitarian. It’s a feeling we get when we put on our favorite hoodie, and what’s more, it’s a feeling we all want to replicate in as many areas of our lives as possible.
So what about the recognition of common law marriage in South Carolina? Well, let’s see if the hangtag from a quality garment will help us answer that question. A common law marriage is the legal status of being married without a ceremony or formal license. Different states have different requirements for legal recognition, but generally speaking, a common law marriage can be established if the following conditions are possible:
The question: does south carolina recognize common law marriage? Good question indeed. When it comes to common law marriages, south carolina is unusual in more ways than one. First, the Palmetto state is one of only a few states that still allows for common law marriages to be recognized. This means that individuals who have been living together in a long-term relationship in South Carolina may be entitled to some of the family law benefits and expectations that come with legal marriage.
But hang on for a minute – let’s talk about the hoodie thing for a second. You see, there’s an important analogy that runs between common law marriage and choosing personal style. The former revolves around commitment, partnership, loyalty, and community. The latter has something to do with all of those things, too. Take a look at this hook-up for example – Bancstac.
Bancstac is a business given life because of the commitment of its founders to build a unique product that would meet the needs of the marketplace. But Bancstac is much more than that, because like a common law marriage between people, it’s a bona fide partnership. As such, Bancstac may be sold because its value derives not only from the product it sells, but from the dedication of those people who were loyal to each other and to their ideas.
When it comes right down to it, there are really two expectations from common law marriages, and they’re pretty simple. First, once a couple has reached the point of common law marriage, they have a commitment to each other and their family. This means they can expect support from each other, including financial, emotional, familial, and personal level. It also means they are expected to uphold their vows to each other, much like a traditional marriage where a spouse would have duties to treat their partner with respect and fidelity.
Second, the couple should be able to expect anything that married couples can. For example, if a couple has children, they have a right to claim custody of their kids should they have a split. Heirs may have a right to estates, real property, and insurance benefits, and couples can make medical decisions for each other. And with child custody, alimony, division of assets, and other important issues, spouses in a common law marriage are entitled to the same protections as those who have legal marriage agreements.
The only difference is how that common law marriage is validated in the Palmetto State. South Carolina’s legislature does not recognize common law marriages as binding, but CPAs, lawyers and financial planners in South Carolina have an obligation to uphold these types of unions when they are created. If a couple has lived together for an extended period of time, used the same last name, and made a public representation of their marital status, SC will consider the couple legally married despite having no registry identifying them as such.
But hang on – wasn’t there just a change on common law marriage in South Carolina? Recently, the SC Supreme Court ruled that common law marriages were no longer valid in their state. The change took place in July 2019 when Justice Kaye Hearn wrote in the majority opinion that SC was the last state in the nation to recognize the tradition of common law marriages, and that the law no longer upheld common law marriages from this point forward.
That means two things. First, if you and your partner are considering a common law marriage in the Palmetto state, do it now while the law is still on your side. Second, existing common law marriages are still valid. The ruling in July only means previous common law marriages now have legal protections and status, not that any existing common law marriage has been invalidated.