Cohabitation is living together and having a sexual relationship without being married.
In South Carolina, cohabitation refers to a situation where two adults live together and engage in a sexual relationship without being legally married. While cohabitation itself is not illegal in South Carolina, the state does not recognize common law marriage as of July 24, 2019. This means that couples who begin cohabiting after this date do not gain the rights of married couples, regardless of the length of their cohabitation or whether they present themselves as a married couple. Prior to this date, South Carolina did recognize common law marriages, and those established before the cutoff are still recognized. It is important for cohabiting couples in South Carolina to be aware that they do not have the same legal rights as married couples in terms of property rights, inheritance, or decision-making authority in the event of a partner's incapacity or death, unless they take legal steps to secure such rights, such as through wills, durable powers of attorney, and healthcare directives.