Common Law Marriage? (health insurance, attorney, income)

[Rapture]

Does SC accept common law marriage? What are the rules or guidelines? I'm asking because I'm moving there with my boyfriend and the company he works for will allow him to add me to his benefit pkg if we live in a common law state.

Also, does anyone have a round about idea what health insurance costs for an individual in SC?

[USAwanderer]

I am fairly sure SC allows for common law marriage. I did taxes last year, and was told people can file - married filing jointly, even if they are just living together.

There is a ballot measure regarding the marriage issue next month which may affect that.

visit www.ehealthinsurance.com to get a quote. For a family of 5 we paid $317/month for major medical.

[anonymous]

South Carolina:

The criteria for a common law marriage are: (1) when two parties have a present intent (usually, but not necessarily, evidenced by a public and unequivocal declaration) to enter into a marriage contract; and (2) "a mutual agreement between the parties to assume toward each other the relation of husband and wife." See Tarnowski v. Lieberman (S.C. Ct. App. 2002). The minimum age for such a marriage is fourteen years old as established by South Carolina Code of Laws 20-1-100 (2004). For this law to apply the minimum time the couple have lived together continuously had to have exceeded 30 days.

[kjohansen929]

Does SC have state insurance?

[Apple Annie]

Rapture, as always, you should check with an attorney. Here is the scoop on c/l marriage in several states. However, remember that holding yourself out to be married will not only affect your health benefits, but if you split up, you will have to file for divorce and there will be other legalities.

http://www.unmarried.org/commonlaw.pdf

[Donna Tiller]

Am I concidered "Married" if my boyfriend i've been living with for 6 years claimed my kids and myself on his income tax for 3 of the 6 years ? Need " Legal " answer Please

[scott8083]

in south carolina, what constitutes a common law marriage? for example, a man and a woman have been living together for 4 years. they have two children together during that time. they are still living together. are they considered married under sc common law? is there a 'time limit' they have to have been living together? does the birth of two children between them during that time change the situation any?

[Rapture]

I started this thread last October and since then what I found out is you are considered "common law" when you live together. If you file taxes together, have insurance together etc...living like husband and wife. I also found out that if you split up you have to get a divorce like any other married couple.

As others have suggested, you should see an attorney for any legal matters regarding this.

[usc_gal98]

The laws regarding common law marriage have changed in this state.

After Jan. 1, 2006, common law marriages are no longer recognized in this state.

****Update**** As of January 1, 2006 the practices of allowing common law marriages has been removed from state law. The purpose of the bill:" TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE." 2005-2006 Bill 3588: Common law marriage - www.scstatehouse.net - LPITS (broken link)

[supernix]

Originally Posted by Donna Tiller

Am I concidered "Married" if my boyfriend i've been living with for 6 years claimed my kids and myself on his income tax for 3 of the 6 years ? Need " Legal " answer Please

I will tell you what my CPA told me not that I am common law married but this is what she told me anyway "If you do any legal transaction as husband and wife you are considered married by law" She said that she had some couple file taxes together as man and wife then she found out that the guy owed lots of federal taxes and they ended up seperating and she was still going to be held liable for the taxes as well by the IRS just as if they had married in a church or at a judges office and all.