In recent years, more couples are choosing to live together without getting married a decision often based on personal values, financial considerations, or the desire to test compatibility before marriage. 

While cohabitation can offer flexibility and emotional partnership, it also comes with significant legal differences compared to marriage, especially in South Carolina.

Unlike married spouses, unmarried partners do not automatically receive legal rights or protections under state law. This can lead to unexpected challenges if the relationship ends or one partner becomes seriously ill or passes away. 

Questions about who owns what, who is responsible for debts, or what happens to shared property can quickly become complicated in the absence of a formal legal framework.

South Carolina has unique laws when it comes to cohabitation, especially following the state’s 2019 decision to abolish the recognition of new common-law marriages. 

This means that, unless specific legal steps are taken, cohabiting partners in South Carolina may have no legal standing in matters involving shared property, financial support, or estate rights.

This blog post will walk you through the most important legal considerations for unmarried couples living together in South Carolina.

What Is Cohabitation?

Cohabitation refers to two people living together in a long-term, romantic relationship without being legally married. 

This arrangement may involve shared living expenses, finances, and property, but in the eyes of the law, it does not carry the same legal weight as marriage. 

In South Carolina, the legal implications of cohabitation can be complex, especially when it comes to dividing assets or determining support obligations if the relationship ends.

Does South Carolina Recognize Common-Law Marriage?

South Carolina was one of the few states that recognized common-law marriage, where a couple could be considered legally married without a ceremony or marriage license. However, that changed on July 24, 2019. The South Carolina Supreme Court ruled that no new common-law marriages can be formed after that date. 

Couples who met the legal requirements before this date may still be recognized as married, but the burden of proof is high. 

This means that most cohabiting couples today do not have the rights or responsibilities of a legally married couple unless they obtain a marriage license.

Property Rights of Unmarried Couples

Unmarried couples who live together do not have automatic rights to each other’s property. If one partner buys a home, car, or other asset in their name alone, the other partner generally has no legal claim to it, regardless of how long they’ve lived together. 

If the couple splits up, property disputes can become contentious. Keeping detailed records of ownership and contributions, and avoiding joint titles unless intentional, is critical for protecting your financial interests.

Cohabitation Agreements

A cohabitation agreement is a legally binding contract between partners who live together but are not married. It can outline financial responsibilities, ownership of property, division of assets in case of separation, and more. 

These agreements are especially useful in South Carolina, where unmarried partners lack the legal protections that married couples have. To be enforceable, a cohabitation agreement should be:

• Written and signed by both parties

• Entered into voluntarily

• Supported by full financial disclosure

Working with an attorney is strongly recommended to ensure your agreement complies with state law.

Impact of Cohabitation on Alimony

In South Carolina, cohabitation can affect alimony payments. Under state law, if the recipient of alimony lives with a romantic partner for 90 consecutive days, the paying party may petition to terminate or reduce alimony. 

This is known as “continued cohabitation.” However, short breaks or separate residences can complicate matters. Courts will examine whether the relationship is similar to a marriage and whether the partners share finances or duties of household duties. 

If you’re receiving or paying alimony, it’s important to understand how a new living arrangement might impact those obligations.

Child Custody and Support Considerations

Cohabiting couples with children face the same legal standards for custody and support as married or divorced parents. The primary concern of the court is the best interests of the child. 

Cohabitation can factor into custody decisions, especially if the living arrangement is unstable or involves concerns about the child’s welfare. 

Child support must still be paid according to state guidelines, and informal agreements between partners are not enforceable unless approved by the court.

Legal Risks and Limitations of Cohabiting in South Carolina

While cohabitation may seem simpler than marriage, it comes with risks. Unmarried partners are not entitled to:

• Inheritance without a will

• Spousal benefits, such as health insurance or Social Security

• Equitable division of property upon separation

In addition, South Carolina does not recognize palimony (ongoing financial support for an ex-partner after a breakup). 

If a relationship ends, each person walks away with what is legally theirs unless a contract (like a cohabitation agreement) says otherwise.

Steps Unmarried Couples Should Take

To protect yourself and your relationship, consider taking the following steps:

• Create a cohabitation agreement that defines your financial arrangements and property rights.

• Keep property and debts clearly documented, and avoid jointly titling major assets unless intentionally agreed upon.

• Draft a will or estate plan if you want your partner to inherit from you.

• Consult a family law attorney to discuss your rights and the best ways to safeguard them.