Kara Sears
Common-law marriage is a type of union where a couple lives together and presents themselves as married without obtaining a marriage license or holding a ceremony. While common-law marriages are recognized in some US states, the laws differ across the country. So, is there still common-law marriage in New Jersey?
| Characteristics | Values |
|---|---|
| Common law marriage recognized in NJ? | No |
| Common law marriage recognized if established before 1939? | Yes |
| Common law marriage recognized if established after 1939? | No |
| Common law marriage recognized if established out-of-state? | Yes |
| Cohabitation recognized? | Yes |
| Cohabitation agreement recommended? | Yes |
| Legal protections for unmarried cohabitants? | Fewer than married couples |
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What You'll Learn
Common law marriage no longer recognised in New Jersey
Common-Law Marriage No Longer Recognised in New Jersey
New Jersey no longer recognises common-law marriages. In 1939, New Jersey passed a law that eliminated common-law marriages within the state. This means that any common-law marriages entered into after 1939 are not considered valid in New Jersey.
The Impact of This Change
This change in law has had a significant impact on the legal rights of unmarried couples in New Jersey. Common-law marriages are informal unions where a couple lives together and presents themselves as married without obtaining a marriage license or holding a ceremony. In states where common-law marriage is recognised, common-law spouses have inheritance rights, can file joint tax returns, and have the right to obtain spousal support and other benefits upon separation.
However, in New Jersey, unmarried couples do not have the same rights as legally married couples when it comes to property, inheritance, and other benefits. For example, an unmarried couple may not be able to receive spousal support from one another or share health insurance coverage. Additionally, unmarried partners may not be eligible for certain assets or financial benefits upon their partner's death unless they are specified in a will or trust document.
Alternatives to Marriage in New Jersey
While marriage is the traditional route for couples in New Jersey, there are alternatives for those who wish to remain unmarried. Couples can enter into a domestic partnership, which provides some similar benefits to marriage, such as tax breaks and medical care provisions. However, domestic partnerships are currently only available to same-sex couples and opposite-sex couples over the age of 62.
Another option for unmarried couples in New Jersey is to create a cohabitation agreement, which can establish terms for managing financial and joint venture details, as well as dividing assets and debt in the event of a breakup. While cohabitation cannot be formalised, it is defined as a "mutually supportive, intimate personal relationship" where a couple has similar duties and privileges as those in a marriage or civil union.
In summary, while common-law marriage is no longer recognised in New Jersey, there are still options available for unmarried couples to protect their mutual interests and rights.
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Protections for unmarried, separating cohabitants
New Jersey does not recognize common-law marriages. The state passed a law in 1939 that eliminated common-law marriages within its borders. Therefore, unmarried couples living together in New Jersey do not have the same rights as those who are legally married.
Unmarried cohabitants do not automatically enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. While some property acquired by unmarried couples may be owned jointly, there are few clear mandates for dividing that property if the couple separates.
To protect their interests, cohabitants in New Jersey can enter into a cohabitation agreement. This is a legal document that unmarried couples can use to outline their rights and responsibilities while living together. It serves as a way to protect both partners in the event of a breakup or other legal dispute. A cohabitation agreement can cover various aspects, including property ownership, financial obligations, and child custody.
Before executing a cohabitation agreement, both parties must fully disclose their income, assets, and liabilities to each other. The agreement must be in writing and signed by both parties, with each having had the opportunity to obtain advice from separate attorneys. It is important to note that cohabitation agreements cannot lawfully include provisions for the payment of sexual services.
In the case of a breakup, there is no legal obligation for either party to financially support the other, unless agreed upon in a cohabitation agreement. Additionally, without a cohabitation agreement, there are no provisions for alimony or legal protection for either party's property or assets in the event of a separation or death.
If you are considering a cohabitation arrangement, it is recommended to consult a knowledgeable family law attorney who can provide advice on how to protect your interests and avoid potential legal complications.
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Legal and financial benefits of marriage
New Jersey no longer recognizes common-law marriages. Only common-law marriages established before 1939, when the state changed its laws, are still valid.
Legal Benefits
- Next-of-kin status, which includes the ability to make medical decisions for your spouse if they are unable to do so
- Visitation rights in jails and hospitals, including intensive care units
- The ability to file for stepparent or joint adoption
- Joint foster care rights
- The ability to live in neighborhoods zoned for "families only"
- The ability to automatically renew leases signed by your spouse
- The ability to sue for the wrongful death of a spouse
Financial Benefits
- Tax breaks, such as filing joint income tax returns and creating a "family partnership" under federal tax laws
- Healthcare rights, such as receiving family rates for health insurance
- Inheritance laws, such as inheriting a share of your spouse's estate and receiving an exemption from estate and gift taxes for property given or left to your spouse
- Social Security, Medicare, and disability benefits for spouses
- Retirement plan benefits for a deceased spouse
- The ability to streamline and simplify your finances, such as by obtaining IRA benefits and mortgages
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Common law marriage recognition in other states
New Jersey eliminated common-law marriage in 1939, and therefore couples cannot establish a common-law marriage under current state law. However, New Jersey will recognize an out-of-state common-law marriage if it meets that state’s requirements for a valid common-law marriage.
As of 2022, common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania also recognize common-law marriages established before certain dates.
A common-law marriage is an informal marriage where couples do not have a marriage license, marriage ceremony, or marriage certificate. However, both parties must be at least 18 years old, and they must meet the requirements in their state for the marriage to be recognized. In Texas, for example, a couple can file a legal "Declaration of Informal Marriage" or meet a three-pronged test, including cohabitation and holding themselves out as husband and wife.
It is important to note that the recognition of common-law marriages can change over time, and some states have abolished it. Therefore, it is always advisable to consult an experienced family law attorney or divorce lawyer to understand the specific requirements and protections in each state.
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Cohabitation agreements
Cohabitation, or living together without getting married, has become increasingly common in New Jersey. However, unmarried couples do not have the same legal rights as married spouses. New Jersey does not recognize common-law marriages, and state laws regarding property division and financial support for unmarried couples differ from those for married couples.
To protect their interests, unmarried couples in New Jersey can enter into a cohabitation agreement, a legally binding contract that outlines the terms and conditions of their living arrangements. This agreement can address financial responsibilities, property ownership, and potential dispute resolutions. It can also provide economic protection for a dependent partner and outline each partner's interests in the other's income and property.
While it is not mandatory, a cohabitation agreement is highly recommended for unmarried couples in New Jersey to ensure their rights and interests are protected in the event of separation or death. These agreements are similar to prenuptial or postnuptial agreements and offer flexibility for couples to decide how they wish to share rights and responsibilities.
To be legally valid and enforceable, a cohabitation agreement must meet specific requirements under New Jersey law. It must be in writing, entered into voluntarily by both parties, fair to both parties, and not leave one partner financially worse off if the relationship ends. Additionally, both parties should seek independent legal advice before signing the agreement.
If you are considering a cohabitation agreement in New Jersey, it is essential to consult with an experienced family law attorney or divorce lawyer who can guide you through the process and ensure your unique needs are addressed.
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Frequently asked questions
No, New Jersey does not recognize common-law marriages. In 1939, the state passed a law that eliminated common-law marriages.
Common-law marriage is when a couple lives together and presents themselves as married. They never officially obtain a marriage license or hold a ceremony.
Without common-law marriage, unmarried couples in New Jersey do not have the same rights as legally married couples. They may not be able to receive spousal support, share health insurance, or have inheritance rights.
Unmarried couples in New Jersey can enter into a domestic partnership to receive certain legal benefits. They can also seek guidance from a family law attorney to discuss legal protections and create cohabitation agreements.
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