Common law marriage laws south carolina

Common Law Marriage

Now, all marriages under South Carolina law that are entered into on or after July 24, , will require a license. Employers need to be aware of this important decision if an employee claims they are common law married for purposes of benefit plans and leave policies, particularly those created to comply with the Family and Medical Leave Act FMLA.


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Given that South Carolina will no longer recognize common law marriages, employees who allege they were common-law married on or after July 24, , will no longer have the right to claim benefits or protection under the FMLA. Accordingly, employers will face issues regarding common law marriage for the foreseeable future. Employers may request reasonable documentation showing the existence of such marriage, as allowed by the FMLA.

Learn more about establishing a common law marriage in South Carolina.

In addition, employers may need to revise their written policies and should coordinate with their FMLA administrators to ensure they understand and apply this critical distinction. Privacy Policy Terms and Conditions.

Affidavit Of Probable Cause & Common Law Marriage seminar

SC Common law marriage is no more — this affects the workplace how? How to treat fringe benefits for employees Service dogs at work The workplace flu, vaccinations and telling employees to stay home Reasons for FMLA leave FMLA, perfect attendance and getting sued and losing IL Artificial hiring, salary history, required training, etc. Once a couple is common law married, they must divorce to end their marriage.


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Though it may be easy to enter a common law marriage, a spouse cannot simply undo it by changing his or her mind. To learn more about your particular situation, schedule a consultation with our family lawyer in South Carolina today.

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