Anaya Nolan
Common-law marriage, also known as marriage by habit and repute, is a type of marriage in which a couple lives together, shares expenses, and holds themselves out as married without going through a formal legal ceremony. While some US states recognize common-law marriages, the state of New Jersey does not. In New Jersey, a couple must obtain a marriage license and participate in a formal ceremony to be legally married. Unmarried couples in New Jersey do not have the same rights as legally married couples, including alimony, inheritance rights, and certain financial benefits. However, domestic partners in New Jersey may be entitled to palimony, or financial support after an unmarried couple separates, if certain requirements are met.
| Characteristics | Values |
|---|---|
| Recognition of common law marriages | No |
| Common law marriages recognized from other states | Yes, if they meet the requirements of that state |
| Requirements for legal marriage | Marriage license and formal ceremony |
| Rights of unmarried couples | No alimony, property division, inheritance, health insurance, social security, or other benefits |
| Palimony | Yes, if a written contract is signed by the paying party |
| Cohabitation agreements | Yes |
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What You'll Learn
Common law marriage in New Jersey was abolished in 1939
Common law marriage in New Jersey was abolished on December 1, 1939. Since then, a couple must obtain a marriage license and participate in a formal ceremony to be legally married in the state. Common law marriages that occurred before that date are still considered valid.
Under English common law, marriages were legal if the couple lived together, intended to be married, and held themselves out to be married. However, most states in the US have abolished common law marriage, and New Jersey is one of them.
The abolition of common law marriage in New Jersey means that unmarried couples do not have the same rights as legally married couples. For example, unwed couples cannot provide health insurance for each other, they do not have inheritance rights, and they cannot receive Social Security retirement or disability benefits. Additionally, courts will not award alimony or divide property for an unmarried couple.
To protect their legal interests, couples in New Jersey must meet the requirements of the marriage statute to be legally recognized as married. This includes obtaining a marriage license and having the marriage solemnized by a licensed officiant within 30 days of receiving the license. After the ceremony, the couple, the officiant, and two witnesses must sign the marriage certificate, which is then filed with the issuing office.
While common law marriage is not recognized in New Jersey, the state does provide an alternative for unmarried couples to obtain some legal protections. Couples can enter into a domestic partnership or a cohabitation agreement, which can grant them some of the same rights as a married couple, such as child custody and financial support.
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Unmarried couples cannot provide health insurance for each other
New Jersey does not recognize common-law marriages. Common-law marriages are marriages without a marriage license or other legal requirements for marriage under state law. Unmarried couples in New Jersey do not have the same rights as legally married couples. For example, unwed couples cannot provide health insurance for each other. They are also not entitled to inheritance rights under New Jersey intestacy laws, and cannot receive social security retirement or disability benefits.
Unmarried couples in New Jersey can enter into a domestic partnership, which is recognized by the state but not by the federal government. Domestic partnerships are available to same-sex couples and opposite-sex couples above the age of 62. To register a domestic partnership, couples must share a common residence in New Jersey, be jointly responsible for each other's welfare, agree to be jointly responsible for each other's basic living expenses, and not be related by blood or affinity up to the fourth degree of consanguinity.
While domestic partnerships do not confer the same rights and protections as marriage, they can provide some legal protections for unmarried couples. For example, domestic partners may be entitled to palimony, which is financial support paid between parties in a non-marital relationship. However, palimony laws in New Jersey have changed over time, and it is important to consult with a lawyer to understand the current requirements and protections.
In terms of health insurance, domestic partnership registration is available in New Jersey, but this does not mean that private health plans or employers are required to provide domestic partner health benefits. The availability of domestic partner health insurance depends on the health plan's rules and local regulations. Some local rules require plans or employers that offer spousal benefits to also extend them to domestic partnerships. It is important to check with employers and health plans directly to understand their specific policies on providing health insurance for domestic partners.
Overall, while unmarried couples in New Jersey cannot provide health insurance for each other through marriage, they may have the option to do so through domestic partnerships, depending on their specific circumstances and the policies of their employers and health plans.
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Unmarried couples cannot receive Social Security benefits
New Jersey does not recognize common-law marriages. This means that unmarried couples in New Jersey do not have the same rights as legally married couples. Unmarried couples cannot provide health insurance for each other and do not have inheritance rights under New Jersey intestate laws. Additionally, they cannot receive Social Security benefits, including retirement or disability benefits.
Social Security benefits are a crucial part of retirement income for many Americans. Typically, individuals qualify for Social Security benefits based on their earnings record. If an individual does not work a job that requires payment of Social Security tax, they do not earn credits toward Social Security benefits. However, married couples can receive benefits based on their spouse's earnings record. A spouse can qualify for dependent benefits if their spouse is entitled to retirement or SSDI benefits and survivors' benefits if their spouse was qualified for retirement or disability benefits before passing away.
There are a few ways that stay-at-home partners in unmarried couples might qualify for Social Security benefits. If the working partner employs" the stay-at-home partner to take care of the home and children, the stay-at-home partner might qualify for Social Security benefits based on their own work record. The working partner would pay wages to the stay-at-home partner and pay Social Security tax on their behalf. The stay-at-home partner would become a household employee, and both partners would have to comply with legal and tax requirements. For example, the stay-at-home partner would have to pay state and federal income tax on the wages.
In some cases, unmarried couples in New Jersey may be able to receive palimony, which is financial support paid between parties in a non-marital relationship. However, palimony laws in New Jersey were changed in 2010, and now such agreements must be in writing and signed by the party promising to make the payments. The validity and enforceability of these arrangements may vary depending on the specific situation.
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Unmarried couples cannot inherit under New Jersey intestacy laws
In New Jersey, common-law marriages are not recognized, and an unmarried couple is at a significant disadvantage in their legal rights. Unmarried couples do not share the same rights as married couples, and they do not have inheritance rights under New Jersey intestacy laws.
When a married spouse dies without a will in New Jersey, their assets will go to their surviving spouse under New Jersey's intestacy laws. However, if the couple is unmarried, the individual's assets would go to their children or, if they do not have any children, to their parents. A hierarchy of next of kin for inheritance is outlined in New Jersey law. This means that if an unmarried individual does not have children or parents, their partner will not be able to inherit their assets.
To ensure that their partner can inherit their assets, unmarried couples in New Jersey need to create an estate plan. This can be done through a will or a living trust, which will allow them to name their partner as a beneficiary. Without such a plan, the estate will be distributed according to New Jersey's intestacy laws, and the partner will not be able to inherit anything.
It is important to note that even if an unmarried couple owns a home as joint tenants or tenants in common, they can still sell the home and divide the proceeds according to their ownership interest or petition the court to force a sale of the property. However, the court will not award alimony or divide property for an unwed couple.
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Palimony agreements in New Jersey must be in writing
New Jersey does not recognize common-law marriages. Unmarried couples in the state do not share the same rights as married couples. However, domestic partners could be entitled to palimony and other rights in some situations.
Palimony is financial support paid between parties in a non-marital relationship. It is an agreement between domestic partners. Until 2010, New Jersey recognized oral and written palimony agreements between partners. Oral agreements could be express or implied agreements. However, in 2010, New Jersey law was amended to require that any such agreements be in writing and signed by the party promising to make the palimony payments. The amended statute of frauds lists certain contracts that must be in writing to be enforceable.
The validity and enforceability of these arrangements are still questionable depending on the specific situation. The change in the palimony laws is not retroactive. Therefore, if a palimony agreement was entered before the law changed in 2010, it could still be enforceable.
The New Jersey Supreme Court held that the attorney-review requirement of the NJSA 25:1-5 (h) contravened the substantive due process guarantee of Article 1 Paragraph 1 of the New Jersey Constitution, which limits the state's power to control individual decision-making in certain fundamental areas. The Court found that the requirement interfered with an individual's right of autonomy and singled out written palimony agreements from among all other agreements for differential treatment. The Court also recognized that such promises could create an enforceable contract or agreement for which compensatory “damages” could be awarded.
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Frequently asked questions
No, New Jersey does not recognize common-law marriages. Common-law marriages have been void in New Jersey since December 1, 1939.
A common-law marriage is a marriage without a marriage license or ceremony. It occurs when a couple lives together, shares expenses, and refers to one another as "husband" or "wife".
Unmarried couples in New Jersey do not have the same rights as married couples. They cannot provide health insurance for each other, receive certain government benefits, or inherit by intestate succession.
Alimony or spousal support is not available to unmarried couples in New Jersey. However, a concept similar to alimony, called "palimony", exists in New Jersey. Palimony refers to financial support paid between parties in a non-marital relationship.
Yes, cohabitation agreements can grant unmarried couples in New Jersey some of the same rights as married couples. These agreements can address issues related to child custody, property division, and more.
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