A common law marriage is generally defined as a marriage that’s recognized by the state because a couple presents themselves to the world as married, even though they never actually obtained a marriage license or had a formal ceremony.
So, is common law marriage a thing in New Jersey? Generally, no. New Jersey doesn’t recognize common law marriages.
However, there are some exceptions. This article will review New Jersey’s stance on out-of-state common law marriages, palimony, cohabitation agreements, and why it’s so important to seek legal counsel when your relationship ends.
New Jersey’s Stance on Common Law Marriage
So, where does New Jersey stand on common law marriage?
Here’s the short answer: New Jersey doesn’t recognize common law marriage.
There’s an exception to that rule, though: If you established a common law marriage before December 1, 1939, the state will recognize it.
To be legally married in New Jersey, you need to get a marriage license, be at least 18 years old, and not be in a relationship with anyone else.
But what if you establish a common law marriage somewhere else?
New Jersey will recognize a common law marriage that was legally created in another state that allows it. For example, if you and your partner meet the requirements for common law marriage in South Carolina, New Jersey will likely recognize your marriage.
Palimony in New Jersey
Even though New Jersey doesn’t recognize common law marriage, the concept of palimony exists.
What is palimony?
Palimony is financial support one former cohabitant provides to the other after their relationship ends. It’s similar to alimony after a divorce.
Requirements for enforceable palimony agreements
Since 2010, any agreement for palimony must be written and signed by both people in the relationship. This requirement has to do with something called the Statute of Frauds. The relevant law is Section 25:1-5(h) of the New Jersey Statutes Annotated (NJSA).
The agreement also has to be entered into willingly and in good faith, with each person having their own lawyer.
Why written agreements matter
If you don’t have a written agreement, any property disputes would be handled in civil court, based on principles of fairness. Many lawyers advise couples who live together to draw up a cohabitation agreement.
Cohabitation Agreements: Protecting Your Rights
If you’re cohabitating in New Jersey, one way to protect your individual rights is to create a cohabitation agreement.
What’s the purpose of a cohabitation agreement?
A cohabitation agreement is a contract that defines the rights and responsibilities of each partner in a non-marital relationship. These agreements can address all sorts of things, including financial support, how property will be divided, who inherits what, who makes medical decisions, and how debts will be divided if the relationship ends.
What should a cohabitation agreement include?
A solid cohabitation agreement should include clear guidelines and written agreements about who owns what property, which assets are shared, and which are separate, and what the financial arrangements are during the relationship. It should also spell out what happens to any co-owned property if the relationship ends.
If you have children together, you can include clauses similar to those found in parenting plans that address child custody arrangements. However, these clauses must not violate New Jersey’s public policy.
Why have a cohabitation agreement?
Cohabitation agreements can help you avoid conflict down the road. They help to ensure that each partner understands the other’s expectations and responsibilities.
Other Important Legal Considerations for Cohabitating Couples
Even if you’re not married, you may need to consider these legal matters:
Paternity and Parenting Rights
If you’re an unmarried couple with children, it’s important to establish paternity. Signing the birth certificate is a good first step.
Keep in mind that child support obligations are legally binding, regardless of whether you’re married to the child’s other parent.
Estate Planning
Without a will, New Jersey law determines who inherits your assets, and that may not be the person you would have chosen. It’s best to make your own plan.
A Durable Power of Attorney (POA) lets you assign someone to make financial and healthcare decisions for you if you become incapacitated.
And make sure your beneficiary designations are up to date so that your assets will transfer seamlessly when you die.
Key Takeaways
If you live in New Jersey and are considering entering into a marriage or cohabitation agreement, or if you’re in a relationship that might be considered a common law marriage in another state, it’s crucial to talk with a New Jersey family law attorney.
An attorney can advise you about palimony, how property will be divided, child support, and estate planning. They can also help you understand the legal ramifications of your specific situation.
Getting legal advice early on can help you avoid future disputes and protect your rights, no matter your relationship status.