Is Common Law Marriage Real in New Jersey?

 

Many people believe that living together for a certain number of years automatically makes a couple "common law married." This persistent myth is common in states like New Jersey. While some states recognize common law marriage, New Jersey does not. Unmarried couples in the Garden State lack the legal rights and protections of married couples, which can cause complications if the relationship ends or a partner passes away.

This blog post clarifies the legal standing of common-law marriage in New Jersey. We'll explore what common law marriage means, why New Jersey abolished it, and what legal alternatives exist for unmarried couples. Understanding these distinctions helps you make informed decisions to protect your rights and future.

What is a Common Law Marriage?

Common law marriage is a legally recognized marriage between two people without a marriage license or formal ceremony. Historically, under English common law, a marriage could be formed if a couple:

• Was of legal age to marry.
• Intended to be married to each other.
• Lived together for a specific period.
• Publicly presented themselves as a married couple (for example, by using the same last name).

Because the United States began as a British colony, many states initially recognized common law marriages. Over time, most abolished this practice to create clearer legal standards for marriage. Today, only a few states still allow new common law marriages.

New Jersey's Stance on Common Law Marriage

New Jersey officially abolished common law marriage on December 1, 1939. This means that no couple can form a common-law marriage in the state, regardless of how long they have lived together or whether they consider themselves married.

There is a critical exception to this rule. New Jersey. There is one important exception. New Jersey recognizes common law marriages validly established in another state. For example, if a couple met all the legal requirements for a common-law marriage in a state like South Carolina and then moved to New Jersey, their marriage would be valid. Common-law marriages formed in New Jersey before the 1939 cutoff remain valid. Face several disadvantages. They do not have automatic inheritance rights under New Jersey's intestate laws, cannot provide each other with employer-sponsored health insurance, and are not eligible for Social Security spousal benefits. Furthermore, in the event of a separation, courts will not award alimony or divide property as they would in a divorce.

Palimony: Financial Support for Unmarried Couples

While alimony is reserved for married couples, some unmarried partners may be eligible for financial support called "palimony." Palimony is not automatic but is based on a contractual agreement between partners.

Before 2010, New Jersey courts recognized both written and oral palimony agreements. These could be explicitly stated or implied through the couple's actions and lifestyle. The law changed significantly in 2010.

Under the current New Jersey statute, a palimony agreement is only enforceable if it meets several strict requirements:

• The agreement must be in writing.
• Both parties must have received legal advice from separate attorneys before signing.
• The party promising financial support must have signed the agreement voluntarily, without coercion or duress.

This change is not retroactive, so oral or implied agreements made before 2010 may still be enforceable. For agreements made after this date, a formal written contract is essential.

Using Cohabitation Agreements to Define Your Rights

Beyond palimony, unmarried couples can protect their rights by creating a cohabitation agreement. This legal document serves as a prenuptial agreement for unmarried partners, outlining how assets, debts, and other matters will be handled if the relationship ends.

A comprehensive cohabitation agreement can address a wide range of issues, including:

• Property Division: How jointly owned property, such as a house or car, will be divided.
• Financial Support: Terms for palimony or other financial arrangements.
• Debt Responsibility: How shared debts, like credit cards or loans, will be handled.
• Inheritance Rights: Designating a partner as a beneficiary in a will or trust.
• Powers of Attorney: Granting the right to make financial or medical decisions on a partner's behalf.

While a cohabitation agreement can include terms for child custody and support, a judge will always have the final say based on the child's best interests. To ensure the deal is legally sound and enforceable, both partners should be represented by their own attorneys.

How to Get Legally Married in New Jersey

For couples who want the full legal rights and protections of marriage, the path is straightforward. To get legally married in New Jersey, you must:

1. Apply for a Marriage License: You can apply with the New Jersey Department of Health. You must be at least 18 years old and not currently in another marriage, domestic partnership, or civil union.
2. Observe the Waiting Period: There is a 72-hour waiting period after you apply before the license is issued.
3. Hold the Ceremony: An officiant must perform the marriage ceremony.
4. Sign the Certificate: The couple, the officiant, and two witnesses must sign the marriage certificate.
5. File the Certificate: The signed certificate must be filed with the same office that issued the license.

Secure Your Future with Legal Guidance

Navigating marital and non-marital agreements can have lasting financial consequences. Whether you are considering marriage, a cohabitation agreement, or separating from a long-term partner, it is crucial to understand your legal rights and obligations. Advice from an experienced family law attorney can provide clarity and protect your interests.