jongun said:
I am paying alimony to my ex wife who is living with some one. The alimony is to be paid until death or remarriage. The arrangement I believe would qualify as a common law marriage. Since common law marriage is recognized in SC would this not release me of the alimony obligation.
My response:
Among those states that permit a common-law marriage to be contracted, the elements of a common-law marriage vary slightly from state to state. The indispensable elements are (1) cohabitation and (2) "holding out." "Holding out" means that the parties tell the world that they are husband and wife through their conduct, such as the woman's assumption of the man's surname, filing a joint federal income tax return, etc. That means that mere cohabitation can never, by itself, rise to the level of constituting a marriage.
So, therefore, and contrary to popular belief, even if two people live together for a certain number of years, if they don't intend to be married and present themselves to others as a married couple, there is no common law marriage. More particularly, a common law marriage can occur only when:
1. a heterosexual couple lives together in a state that recognizes common law marriages;
2. for a significant period of time (not defined in any state);
3. holding themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife" and
4. Filing a joint tax return, and intending to be married.
Unless all four are true, there is no common law marriage. When a common law marriage exists, the couple must go through a formal divorce to end the relationship.
Sorry, but you're not getting out of your obligation as you had hoped.
IAAL
