questions & answers

Question: I was divorced in 1987. My former spouse has been living with the same person in SC since before the divorce. My former spouse still recieves 30% of my pension. SC is a common law state. Do I have any recourse in proving she is living in a martial state and stopping this benefit?

Answer: South Carolina is one of the few states that still recognize common law marriage.  In order to prove your ex is in a common law marriage, there are specific things you would need to prove.  Just living together is not enough.  The couple must express to friends and acquaintances that they intend their union to be a marriage.  They must tell everyone that they are a married couple.  That would include employers, neighbors, and friends.  There must be no legal impediment to their marriage.  (In other words, they must both be free to marry.)  Unless you can prove all the elements of common law marriage, they are just cohabiting.