Is Common Law Marriage Legal in New Jersey?

 

Many couples share their lives and homes for years without getting married. This raises a common question: if you live with your partner long enough, does New Jersey consider you married under common law? The answer is no. New Jersey abolished common-law marriage many years ago, so unmarried couples do not have
the same rights and protections as married couples, no matter how long they have been together. (New Jersey Common Law Marriage, 2025)

This blog post explains what common law marriage means, why New Jersey does not recognize it, and what legal options unmarried couples have. Knowing these differences is important for protecting your rights and finances. We will also look at options like palimony and cohabitation agreements that can help long-term partners get legal protection.

What is Common Law Marriage?

Common law marriage is a legally recognized marriage that doesn't require a formal ceremony or a marriage license. It originated from English common law and was historically recognized in the United States. For a union to be considered a common law marriage in states that allow it, couples generally must meet specific criteria:

• They must present themselves to the public as a married couple.
• They must intend to be married.
• They must live together.

Only a handful of states still recognize common law marriage today. New Jersey is not one of them.

New Jersey's Stance on Common Law Marriage

New Jersey stopped allowing new common law marriages after December 1, 1939. Any common law marriage formed in the state before that date is still valid. (New Jersey Revised Statutes Section 37:1-10 (2024) - Common law and other marriages without license; validity, n.d.)

There is one important exception. New Jersey will recognize a common law marriage if it was legally created in another state that allows it. For example, if a couple met the requirements for common law marriage in South Carolina and then moved to New Jersey, their marriage would be recognized in New Jersey. (New Jersey Common Law Marriage, n.d.)

If a couple does not have this recognition, living together in New Jersey does not give them the same legal rights as married couples. This impacts several areas, such as:

• The right to receive alimony (spousal support).
• The automatic division of property acquired during the relationship.
• The right to inherit a partner’s assets if they die without a will.
• The ability to receive a partner's Social Security or disability benefits.
• The option to be covered under a partner's health insurance plan.

Palimony: Financial Support for Unmarried Couples

Alimony is only for married couples, but New Jersey does offer a type of financial support for unmarried partners called "palimony." In the past, courts sometimes enforced spoken promises of support. However, the law changed a lot in 2010. (Palimony in New Jersey, n.d.)

Now, New Jersey law says a palimony agreement must be in writing to be valid. Both people must sign it, and each must have their own lawyer give them advice before signing. This rule does not apply to oral agreements made before 2010, which may still count. (Court, n.d.) A palimony agreement is a contract for financial support after a non-marital relationship ends.

Cohabitation Agreements: Defining Your Rights

Besides support after a breakup, many unmarried couples make a cohabitation agreement to set out their rights and duties while together. These legal contracts are like prenuptial agreements and can explain how money and personal issues will be handled if the relationship ends.

A comprehensive cohabitation agreement can address:

• Property Division: How assets and debts acquired during the relationship will be divided.
• Financial Support: Terms for financial support, similar to a palimony agreement.
• Inheritance Rights: Designating a partner as a beneficiary in a will or trust.
• Healthcare Decisions: Granting the right to make medical decisions for a partner.

A cohabitation agreement can include terms about child custody and support, but a court can always change these terms if it is best for the child. (A-2870-22, n.d.)

Your Path to Legal Protection

Because common law marriage is not allowed in New Jersey, unmarried couples need to take steps to protect their legal rights. Without marriage or a written agreement, you and your partner may have no legal options if you break up or if one of you dies. Making a cohabitation or palimony agreement is the best way to protect your assets and make sure your wishes are followed.

If you are in a long-term relationship but not married, talking to a family law attorney can help you learn about your options and create an agreement that matches your goals as a couple.