House passes bill
banning common law marriages
Associated
Press
COLUMBIA, S.C. - South Carolina would join
most other states who don't recognize common law marriage under a
bill that won key approval in the House on Wednesday.
The legislation, which still needs third reading before crossing
to the Senate, would eliminate a state statute that enables a person
without a marriage license to receive some spousal benefits in cases
of death of or separation from a partner.
Under the bill, unions entered after Dec. 31 would no longer be
recognized without a marriage license. South Carolina is one of nine
states that recognize common law marriage, said Rep. Phil Sinclair,
R-Spartanburg.
Supporters said the bill would eliminate headaches for judges who
must determine whether a couple meets the standard for common law
marriage when dividing property.
"Allowing someone to be sort of married ... creates a legal mess
for the system," said Rep. Doug Jennings, D-Bennettsville.
But Rep. James McGee, R-Florence, said current law protects women
in relationships. Without the law, women who may have lived many
years with partners would be stripped of their right to alimony or
inheriting property, McGee said.
Sinclair called the bill a "family values bill," but opponents
said it would not encourage more couples to get married. |