Marriage can be a wonderful thing, but it also isn’t for everybody. Some people might actively dislike the idea of going through the motions of a ceremony, while others might simply not want to be bothered with it. Although plenty of modern-day couples may choose to forego the traditional wedding route, this does not mean that they do not wish to be together indefinitely. In fact, these days, more and more couples are choosing to live together on a seemingly permanent basis rather than take the necessary steps to officially get themselves hitched. In some cases, a couple living under such circumstances might qualify for a common law marriage, a concept that is often the source of confusion due to the fact that its terms vary greatly from state to state.
Rusty Applegate is an experienced South Carolina attorney who specializes in family law, and he has often been approached by clients to defend their rights as a common law couple. So what is a common law marriage? Simply put, a common law marriage is a marital relationship that is based on cohabitation and intent, rather than license, certificate and ceremony. In South Carolina, a common law marriage can be established when two people live together and represent themselves as a married couple even if, according to the state’s records, they aren’t.
Contrary to what some might think, when it comes to common law marriage, the mere act of living together isn’t enough. Members of a couple must actively portray themselves as married and have the intention of being married in order to be considered married from a legal standpoint. If the notion sounds confusing to you, then you’re not alone. In fact, these days, more and more attorneys are being called upon to help couples prove that they qualify for marital status because the parameters of common law marriages are far from clear cut. Furthermore, most states do not actually accept or recognize common law marriages, making a majority of common law claims invalid from the get-go. South Carolina is actually one of the few states that recognizes common law marriages, but even its laws allow for certain legally-disputable discrepancies.
So what benefits do two people get if they are determined to have fulfilled the requirements of a common law marriage? In a nutshell, a common law marriage offers the same set of benefits as a regular marriage. This means that common law couples are allowed to file taxes jointly, obtain coverage under one another’s health insurance, and receive Social Security or other such government benefits in the event of one member’s passing. South Carolina will not penalize common law couples from a monetary or legal standpoint once they have established a common law marriage. However, the help of a family law attorney is often required to prove that such a marriage is indeed valid under the state’s law.
Of course, this then begs the question: Why wouldn’t people under such circumstances just get married? While going through the conventional steps towards marriages might seem like the less complicated approach, some people simply don’t like the institution of marriage and therefore choose not to do it. However, contrary to popular belief, the absence of an official marriage license or certificate does not imply that a common law couple can simply terminate their relationship without consequence. If a couple represents itself to be married and therefore gets to reap the benefits of a common law marriage, then that couple might also have to go through the process of filing for divorce in the event that the relationship goes awry.
After all is said and done, there are minimal benefits to entering a common law marriage. However, if your convictions are such that you refuse to subscribe to the notion of marriage as dictated by the laws of your state, then a common law marriage might end up being your best bet. Just don’t be surprised to find yourself needing a lawyer for the uphill battle that you’ll no doubt be forced to fight on your road to common law coupledom.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
