South Carolina does not recognize domestic partnerships. The state has no domestic partnership registry, no civil union statute, and no municipal equivalent, which means marriage is the only status that carries state-recognized relationship rights such as property division, inheritance, alimony, and spousal benefits.1FindLaw. State Laws on Domestic Partnerships
No Legal Status Short of Marriage
South Carolina has never enacted a domestic partnership or civil union framework, and no city or county within the state offers one either. The state did not create such a status before the 2015 Obergefell v. Hodges decision legalized same-sex marriage, and it has not created one since.2Carrie Warner Law. LGBTQ Family Law
The state benefits system reflects the same rule. The South Carolina Public Employee Benefit Authority limits spousal eligibility for health insurance and other benefits to a spouse “recognized by South Carolina law” and does not extend coverage to domestic partners.3South Carolina PEBA. Eligibility
Common-Law Marriage Is No Longer Available
For much of the state’s history, common-law marriage gave some unmarried couples a path to legal recognition without a license. That door closed on July 24, 2019, when the South Carolina Supreme Court unanimously abolished common-law marriage in Stone v. Thompson, 428 S.C. 79, 833 S.E.2d 266.4Justia. Stone v. Thompson, No. 27908
The ruling is prospective. Couples who had already established a valid common-law marriage before July 24, 2019, may still be recognized, but anyone asserting one must now prove mutual assent by clear and convincing evidence, a higher standard than the old presumption based on cohabitation.5American Bar Association. Abolishment of Common Law Marriage in South Carolina For every relationship formed after that date, a marriage license is the only route to spousal status.
What Unmarried Partners Lack
Because neither domestic partnerships nor new common-law marriages are recognized, unmarried partners are treated as legal strangers to each other under state law. The consequences show up in several places.
Property and Support
An unmarried partner has no automatic claim to property titled in the other partner’s name, no matter how long the relationship lasted. There is no equitable division at separation, and South Carolina does not recognize palimony. No reported case has awarded court-ordered financial support after a breakup between unmarried people, and the state has no statute adjusting property rights between cohabiting adults.6South Carolina Law Review. Somewhere in Between All-Or-Nothing: Suggestions for Alternatives to Marriage in South Carolina
Inheritance
Under South Carolina’s intestacy statutes (S.C. Code §§ 62-2-102, 62-2-103), a person who dies without a will passes their estate to a surviving spouse, children, parents, siblings, or more distant relatives. An unmarried partner takes nothing.7South Carolina Legislature. SC Code of Laws, Title 62, Chapter 28Nolo. Intestate Succession in South Carolina
Medical Decisions and Visitation
Without written authorization, hospitals generally look to next of kin, meaning a spouse or blood relative, for medical decisions. An unmarried partner can be excluded from treatment choices and, in some cases, from visitation.9FindLaw. Unmarried Partners Medical Directives and the Durable Power of Attorney
Federal and Employer Benefits
Unmarried partners are not eligible for Social Security survivor benefits or for spousal coverage through the state employee benefits system.
What You Can Do Without a Marriage License
Unmarried couples in South Carolina can close some of these gaps through private legal documents, though nothing replaces the full package of rights that comes with marriage.
A will or a living trust is the only reliable way to leave assets to a partner. Beneficiary designations on retirement accounts, bank accounts, and life insurance policies pass those assets directly to a named partner and bypass intestacy. Real property held in joint tenancy with right of survivorship passes to the surviving co-owner automatically.8Nolo. Intestate Succession in South Carolina
For medical decisions, a durable power of attorney for healthcare names the partner as the agent authorized to act during incapacity, and a healthcare declaration (living will) records treatment preferences. A separate durable power of attorney for finances lets a partner manage bank accounts and pay bills if the other becomes incapacitated.9FindLaw. Unmarried Partners Medical Directives and the Durable Power of Attorney
Couples can also sign a cohabitation agreement covering property ownership, asset division, and shared financial responsibilities. To stand the best chance of enforcement, the agreement should be in writing, signed by both parties, entered into voluntarily, and backed by full financial disclosure. The legal footing in South Carolina is not as firm as in some other states. The closest comparable precedent, Grant v. Butt, 198 S.C. 298 (1941), involved a court refusing to enforce an oral agreement between cohabiting partners as contrary to public policy.10vLex. Grant v. Butt, 198 S.C. 298 The facts of that case were unusual, but it is still cited for the principle that contracts rooted in illicit sexual consideration are unenforceable, and South Carolina courts have not clearly validated modern cohabitation contracts by name.6South Carolina Law Review. Somewhere in Between All-Or-Nothing: Suggestions for Alternatives to Marriage in South Carolina
Where Cohabiting Partners Are Protected
One area where South Carolina law does treat unmarried partners like family is domestic violence. The Protection from Domestic Abuse Act (S.C. Code § 20-4-20) and the Domestic Violence Reform Act (§ 16-25-10) define “household member” to include cohabiting or formerly cohabiting partners, which makes them eligible to seek orders of protection.11South Carolina Legislature. SC Code of Laws, Title 20, Chapter 4
As written, both statutes limit that category to “a male and female who are cohabiting or formerly have cohabited.” In Doe v. State, 421 S.C. 490 (2017), the South Carolina Supreme Court held that the gendered language violated the Equal Protection Clause as applied to same-sex couples, and declared the definitions unconstitutional as applied rather than striking them.12Justia. Doe v. State, 421 S.C. 49013South Carolina Attorney General. Opinion on Doe v. State All cohabiting partners are covered regardless of sex, though the legislature has not amended the statutory text; a bill to conform the language (S.143) has been proposed but not enacted.14SCCADVASA. S.143 Summary
Parenting Without Marriage
For children born outside of marriage, South Carolina custody law defaults to the biological mother. A biological father must establish paternity through genetic testing, a voluntary acknowledgment, or court proceedings before petitioning for custody or visitation (S.C. Code § 63-17-20).15South Carolina Legislature. SC Code of Laws, Title 63, Chapter 17
A partner who is neither a biological nor an adoptive parent has no parental rights under state law. Without a legal adoption, that partner may have no standing to seek custody or visitation if the relationship ends and may be unable to make medical decisions for the child.2Carrie Warner Law. LGBTQ Family Law Second-parent adoption is the primary tool for closing that gap. Once finalized, both parents have equal legal standing. No South Carolina statute specifically prohibits adoption by same-sex couples, and all adoptions are decided under a best-interest-of-the-child standard.
Pending Legislation Would Not Change This
No bill to create a statewide domestic partnership registry or civil union has advanced in the South Carolina General Assembly. Recent activity that has used the term or touched on relationship recognition has moved in other directions:
- S. 287 (2023–2024) used “domestic partnership” only as a definition inside a proposed zoning restriction limiting unrelated adults in a single-family residence. It was referred to the Senate Judiciary Committee and was not enacted.16South Carolina Legislature. S. 287
- H. 3121 (2025–2026), the “Live and Let Live Act,” would protect state employees and religious organizations from penalties for declining to provide services based on religious beliefs about marriage. It was referred to the House Judiciary Committee.17South Carolina Legislature. H. 3121
- H. 5501 (2026), a concurrent resolution introduced by twelve House Republicans, calls on the U.S. Supreme Court to overturn Obergefell v. Hodges. A concurrent resolution carries no legal force and cannot revoke existing marriages.18SC Equality. H.5501 Marriage Equality South Carolina
None of these proposals would give unmarried couples new legal protections. For now, an unmarried couple in South Carolina has two realistic options: marry, or assemble the private documents that fill in the pieces marriage would otherwise supply.