A common law marriage is one where a couple is legally considered married, even if they haven’t had a formal wedding ceremony. New Jersey, however, doesn’t usually recognize common law marriages.
If you live in New Jersey and are in a relationship but not formally married, it’s essential to know your legal rights. Relationship laws can be complicated, and it’s always a good idea to seek legal advice. Let’s explore what this means for you and your partner and the concept of common law marriage NJ.
Defining Common Law Marriage and New Jersey’s Stance
Let’s clarify what common law marriage is and how it’s viewed in the state of New Jersey.
What is Common Law Marriage?
Common law marriage is a type of marriage that doesn’t require a formal ceremony or a marriage license. Traditionally, to be considered a common law marriage, a couple needs to agree to be married, live together, and present themselves to the public as husband and wife.
This type of marriage has been around for centuries, and it arose from the need to recognize unions in situations where formal marriage wasn’t easily accessible.
New Jersey’s Rejection of Common Law Marriage
New Jersey does not recognize common law marriage for couples who live only in New Jersey.
However, there’s an exception: New Jersey will recognize a common law marriage that was legally created in another state that does allow it. For example, if a couple establishes a valid common law marriage in South Carolina and then moves to New Jersey, New Jersey will recognize that marriage.
What rights do unmarried couples have in New Jersey?
In New Jersey, unmarried couples don’t receive the same automatic legal protections as married couples. You won’t have automatic rights to inheritance, health insurance, or Social Security benefits.
If you’re not married, it’s important to create written agreements that protect your interests.
Property ownership and division
If you’re unmarried and you separate from your partner, you’re not entitled to an equitable division of assets as you would be in a divorce.
Unmarried couples can choose to own property jointly, either as joint tenants or as tenants in common. It’s a good idea to keep records of who owns what.
Palimony: Financial support for unmarried partners
Palimony is financial support paid by one former unmarried partner to the other after a breakup. Since 2010, palimony agreements must be in writing and signed by both partners to be legally enforceable in New Jersey, and each person should have their own lawyer.
Child Support and Parenting Rights
Even if you aren’t married, you still have to provide financial support for your children. Child support obligations in New Jersey exist regardless of your marital status, and the calculations are the same for married and unmarried parents.
If you are not married to your child’s other parent, it is important to establish paternity. Signing the birth certificate is one way to do this.
Cohabitation agreements can include clauses that resemble parenting plans. These can help determine child custody arrangements, but they must follow state and federal laws.
Estate Planning for Unmarried Couples
Couples who aren’t married need to be especially careful about estate planning. Here are a few things to keep in mind.
The necessity of a will
If you don’t have a will, New Jersey law will decide how your estate is divided up. This is called “intestate succession,” and the result may not be what you would have wanted.
If you want your partner to inherit some or all of your assets, you’ll need to write a will.
Power of attorney and healthcare directives
A durable power of attorney (POA) allows someone to make financial decisions for you if you become incapacitated.
A durable power of attorney for healthcare, also known as an advance directive, allows someone to make healthcare decisions on your behalf.
Beneficiary designations
Naming beneficiaries on assets like life insurance policies and retirement accounts is a simple way to make sure those assets go to the people you want them to go to.
Cohabitation Agreements: Protecting Your Interests
Even though New Jersey doesn’t recognize common-law marriage, you can still protect yourself and your assets if you’re living with someone. Cohabitation agreements can define each partner’s rights and responsibilities, covering things like financial support, how property will be divided, and inheritance.
These agreements can include provisions for:
- Financial support between partners
- Ownership and division of property and debts
- Powers of attorney, allowing one partner to make medical decisions for the other
- What happens to property owned together
It’s vital to seek legal advice before signing any agreement. An attorney can ensure the document is properly structured and that you understand your rights, which can help avoid conflicts later on.
Final Thoughts
Remember, New Jersey doesn’t recognize common law marriage. It’s crucial to understand the legal rights and protections—or lack thereof—for unmarried couples in the state.
Because of this, proactive legal planning is essential. Unmarried partners should seek legal advice and create written agreements to protect their interests. While it might not seem romantic, formal marriage in New Jersey provides significant legal and financial security that common law marriage simply can’t offer.