Keith Mack
Common-law marriage, which occurs when a couple lives together and holds themselves out to the world as married, is not recognized in New Jersey. The state abolished common-law marriage in 1939, and for a couple to be considered married in New Jersey, they must obtain a valid marriage license and have a ceremony performed by an authorized person. While New Jersey does not recognize common-law marriage, it does provide for the registration of a domestic partnership for couples over the age of 62.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Year common law marriage was abolished | 1939 |
| Common law marriage recognized from other states | Yes |
| Common law marriage recognized from other countries | No information |
| Palimony agreements recognized | Yes |
| Palimony agreements must be in writing | Yes |
| Verbal palimony agreements recognized | No |
| Cohabitation recognized | Yes |
| Cohabitation agreement recommended | Yes |
| Cohabitation agreement required by law | No |
| Joint ownership of property recognized | Yes |
| Child support obligations | Same as married couples |
| Custody and visitation rights | Same as married couples |
| Paternity presumption | No |
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What You'll Learn
New Jersey does not recognise common-law marriage
In New Jersey, common-law marriage was explicitly eliminated in 1939. Any common-law marriage entered into before December 1, 1939, would still be considered valid, but not afterward. To be considered "married" in New Jersey, a couple must obtain a valid marriage license and have a ceremony performed by an authorized person, society, institution, or organization to solemnize the marriage.
Common-law marriage occurs when a couple lives together and holds themselves out to the world as married for a sufficient period of time, usually more than ten years. In some states, common-law marriage can even be unintentional. If a couple is common-law married, they are entitled to benefits such as insurance coverage and the right to make medical decisions for one another, as well as divorce and family laws if they split. However, this is not the case in New Jersey.
While New Jersey does not recognize common-law marriage, there are certain legal tools that long-term couples can use to obtain some of the benefits of marriage without officially marrying. For example, New Jersey recognizes palimony agreements, which are essentially financial support agreements between partners in the event of a breakup. However, palimony is not guaranteed, and New Jersey courts have cracked down on these agreements in recent years, requiring them to be made in writing and signed by both parties to be valid.
Additionally, unmarried couples in New Jersey who have amassed significant property together may pursue a claim for ""partition," requesting that a court divide the property equally or in another fair way. It is recommended that couples put their agreements regarding property and other financial matters in writing and have them reviewed by attorneys to protect their rights in the event of a breakup.
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Palimony agreements in New Jersey
In New Jersey, common-law marriage was abolished in 1939. Couples cannot establish a common-law marriage under current law, even if they have been cohabiting and holding themselves out as married. To be considered "married" in New Jersey, a couple must obtain a valid marriage license and have a ceremony performed by an authorized person.
However, New Jersey does recognize so-called "palimony" agreements, which are essentially agreements for one party to provide financial support to the other in the event of a breakup or death. Palimony is often discussed in the context of couples who live together without entering into a legal marriage or civil union. While "palimony" is not a true legal term in New Jersey, and unmarried partners do not have an obligation to provide support, courts have discretion and can rely on their general powers of fairness to reach a just decision.
The application of the law to palimony claims is not yet settled in New Jersey, and litigation continues over whether the law should be applied prospectively or retroactively. New Jersey courts have cracked down on palimony agreements over the last decade, and now only recognize such agreements if they are made in writing and signed by both parties.
If you are in a long-term, unmarried relationship, it is recommended that you put your agreement(s) in writing and have them reviewed by attorneys. This is especially important if you own property together, as you should establish clear guidelines and written agreements regarding ownership.
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Rights of unmarried couples living together in New Jersey
In New Jersey, unmarried couples living together do not have the same rights as legally married couples. The state does not recognize common-law marriages, and there are differences in how the law treats married and unmarried couples, particularly regarding property, inheritance, and financial support.
Unmarried couples in New Jersey can enter into a cohabitation agreement, a legally binding contract that outlines the couple's financial responsibilities during their relationship and if they separate. These agreements can address issues such as how the partners will share responsibilities for paying bills and maintaining their household. They can also be used to clarify how jointly owned property will be divided if the relationship ends. However, it is important to note that the laws regarding property division for unmarried couples are different from those for married couples, and there are limited clear mandates for dividing property in the case of unmarried couples.
Regarding inheritance, unmarried couples in New Jersey do not have the same rights as spouses. Without a will, New Jersey law governs who inherits an individual's assets, typically passing them to the nearest blood relative. Unmarried partners cannot ask for financial support under the same legal framework as divorcing spouses. However, New Jersey does recognize "palimony" claims, where an unmarried person can request financial support from their long-time partner once the relationship ends or from the estate of a deceased partner.
Unmarried couples with children will be bound by the same child support and child custody laws as married couples. However, there is no presumption of paternity for unmarried fathers, and it must be established legally, typically by signing the birth certificate immediately following the birth. If the child is biologically related to only one partner, there will be no legal parental relationship for the other unless they legally adopt the child.
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Child support and parenting time for unmarried couples
New Jersey does not recognize common-law marriages. To be considered married in the state, a couple must obtain a valid marriage license and have a ceremony performed by an authorized figure. As such, the laws that apply to divorcing spouses do not apply to unmarried couples.
However, New Jersey does provide for the registration of a domestic partnership for couples over the age of 62. It is recommended that unmarried couples who intend to remain unmarried for an extended period make arrangements to protect themselves, their partners, and any children they may have together.
In New Jersey, child custody laws generally apply similarly to both married and unmarried parents. However, when a child is born to a married couple, both parents are presumed to be the child's biological parents. Unmarried fathers do not benefit from this presumption and must establish paternity before pursuing custody or child support.
Child support agreements in New Jersey are formulated based on the amount of financial support each parent would provide to a child if they lived under the same roof. Marital status is not a factor in these calculations. If parents cannot agree on a child support amount, the court will typically adhere to the New Jersey Child Support Guidelines to determine which parent is obligated to pay and how much.
In New Jersey, there are three general types of custody: joint legal custody, joint custody, and sole custody. If a mutual agreement on custody or parenting time cannot be reached, a judge will decide.
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Cohabitation and alimony in New Jersey
New Jersey does not recognize common-law marriages. However, it does provide for the registration of a domestic partnership for couples over 62. While cohabitation does not grant the same rights as marriage, there are certain legal tools that long-term couples can use to obtain some of the benefits of marriage.
New Jersey will recognize so-called "palimony" agreements, which are essentially an agreement from one party to provide financial support to the other should the relationship end. Palimony is not guaranteed, and New Jersey courts have cracked down on these agreements over the last decade. Now, courts will only recognize such an agreement if it is made in writing and signed by both parties.
In New Jersey, alimony may be suspended or terminated if the payee cohabits with another person. This is defined as a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges commonly associated with marriage or civil union, but does not necessarily maintain a single common household. Evidence of cohabitation includes shared finances, shared household duties, and admissions of cohabitation in texts, emails, or social media posts.
If the cohabitation relationship ends, alimony can be reinstated. However, if someone is receiving alimony and benefiting from the shared finances of another partner, this circumvents the intended purpose of alimony, which is to provide financial support to maintain the same quality of life as during the marriage.
If you are in an unmarried cohabiting relationship, it is recommended that you discuss legal protections with a law firm and an experienced family law attorney or New Jersey divorce lawyer.
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Frequently asked questions
No, common law marriage is not recognized in New Jersey. Common law marriage was explicitly eliminated in 1939.
Common law marriage occurs when a couple lives together and holds themselves out to the world as married for a sufficient period of time. In some states, common law marriage can even be unintentional.
In New Jersey, if you want the rights of a married couple, you need to be married. Living together for an extended period of time isn’t the equivalent of legal marriage. However, there are certain legal tools that long-term couples can use to obtain some of the benefits of marriage, even without marrying.
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