Common Law Marriage in South Carolina
South Carolina no longer creates new common law marriages (grandfathered).
Abolished — grandfathered marriages valid
In South Carolina, new common law marriages are no longer created, but unions formed before the cut-off remain valid.
Grandfathered marriages
South Carolina stopped creating new common law marriages, but a couple that validly established one before the cut-off (Valid before 2019) is still legally married. The state continues to recognize those existing unions, including for divorce, inheritance and benefits.
Recognition from other states
Under the U.S. Constitution Full Faith and Credit Clause, every state — including South Carolina — recognizes a valid common law marriage that was properly formed in another state. Moving across state lines does not undo a real marriage.
Source
South Carolina abolished new common law marriage in 2019; marriages valid before the cut-off remain recognized (verified 2026-06)