Is There A Common Law Marriage in New Jersey?
Is There Common Law Marriage in New Jersey?
If you’ve been living with your partner for years - sharing bills, celebrating holidays together, raising kids, and building a life - it’s only natural to wonder whether New Jersey sees your relationship the same way you do. Plenty of couples assume that after a certain number of years living together, the law will treat them as “married,” even if they never had a wedding ceremony.
This question comes up constantly, whether someone is considering separation, dealing with the loss of a partner, or trying to understand their rights: Is there common law marriage in NJ?
The short answer: No. New Jersey does not recognize common law marriage. But that isn’t the end of the conversation because your relationship still carries potential legal implications depending on how your life has been intertwined.
Let’s walk through what the law actually says, what it means for unmarried couples in New Jersey, and how you can protect yourself.
What Is Common Law Marriage, Exactly?
Before we talk about New Jersey’s stance, it helps to understand what common law marriage is supposed to be.
A “common law marriage” is a legally recognized marriage that forms without a ceremony, license, or officiant. In states that allow it, a couple may be considered legally married if they:
Live together for a significant period
Present themselves as spouses
Intend to be married
Combine parts of their lives in meaningful, marriage-like ways
In those states, a common law spouse has the same rights as someone who had a formal wedding: rights to support, property, inheritance, and more. But again, that’s in other states.
So…Is There Common Law Marriage in New Jersey?
No, New Jersey does not allow or recognize new common law marriages. The state abolished the formation of common law marriages in 1939. This means:
You cannot become a “NJ common law wife or husband” simply by living together.
There is no number of years of cohabitation that turns a relationship into a marriage.
If you never had a legally valid wedding, the state will not treat you as married.
Even if you’ve been together for 10, 20, or 30 years, New Jersey law will not automatically grant you the rights of a spouse. However, there are some limited exceptions, which we’ll get into shortly.
Why Do People Think Common Law Marriage Exists in NJ?
It’s a common misconception for a few reasons:
1. Pop culture says so.
Television shows and movies often imply that living together creates automatic legal rights. It doesn’t; not in New Jersey, at least.
2. Some states still allow it.
Places like Colorado, Iowa, Texas, Kansas, and a handful of others recognize common law marriage, so people assume the rule is the same everywhere.
3. Unmarried couples share finances like married couples.
Joint bank accounts, shared leases, buying homes together. It all feels like marriage, but it doesn’t create legal spousal status.
Are There Any Situations Where NJ Recognizes Common Law Marriage?
Yes, but they are extremely limited.
1. If the couple formed a valid common law marriage in another state.
If a couple legally qualified as common law married in a state that does allow it, New Jersey will recognize that marriage when they move here. So, for example:
You lived with your partner in Colorado
You met the legal requirements for common law marriage there
You later moved to New Jersey
In that scenario, New Jersey considers you legally married even though the state does not create new common law marriages.
2. Some limited federal benefits may treat long-term partners differently.
This is rare and depends heavily on the benefit program.
Keep in mind, simply living in another state is not enough. You must have actually formed a legal common law marriage under that state’s rules, which vary.
What Rights Do Unmarried Couples Have in New Jersey?
Here’s the critical part: Even though New Jersey doesn’t allow common law marriage, long-term partners still face real legal issues when separating or when one partner passes away. But those rights are NOT automatic. Below are areas where unmarried partners commonly run into trouble:
1. Property Ownership
Unmarried couples do not benefit from New Jersey’s equitable distribution laws. If your name isn’t on the deed or the title, things may get complicated. For example, if only one partner’s name is on the house, that partner legally owns it. If you contributed to mortgage payments, improvements, or upkeep, you may still have options, but they require legal action. Courts sometimes allow what’s called “palimony” or enforce agreements between partners, but only under specific circumstances.
2. Financial Support After a Breakup
Unlike divorcing spouses, unmarried partners do not automatically receive financial support; no alimony, no distribution of retirement accounts, no marital rights. New Jersey can enforce written palimony agreements, but oral promises are no longer enough. A clear, written contract is required. This is a major surprise for people who assumed long-term cohabitation gave them some safety net.
3. Inheritance Rights
If you pass away without a will, your unmarried partner does not automatically inherit anything. This is one of the most heartbreaking issues we see. Someone may share decades with their partner, only for the surviving partner to lose:
The home
Family heirlooms
Retirement savings
Bank accounts
Access to health benefits
Decision-making rights
Without legal documents, the state will distribute assets according to intestacy laws, which do not include unmarried partners.
4. Medical Decision-Making
If your partner is hospitalized, doctors cannot automatically treat you as a spouse. Unless you have power of attorney, healthcare proxy, and/or an advance directive, you may be shut out of critical decisions.
What About Financial Support When the Relationship Ends?
Some couples are surprised that even without a marriage certificate, financial support issues still come up. New Jersey does not award traditional alimony to unmarried partners. However, the law does allow for palimony agreements, which are promises of support between long-term unmarried partners.
But here’s the catch:
The agreement must be in writing
It must be signed
Each partner must have independent legal advice
If you have questions about support, including how this intersects with spousal support in NJ in traditional divorces, it's best to get guidance tailored to your situation.
How to Protect Yourself if You’re in a Long-Term Unmarried Relationship
Because the law does not protect unmarried couples the same way it protects married spouses, you may need to create your own protections. Consider:
1. A Cohabitation Agreement
Think of this like a prenuptial agreement for non-married partners. It can cover:
Property ownership
Financial responsibilities
What happens if you separate
Support obligations
Shared debts
2. A Will and Estate Plan
Without these, your partner may be left with nothing.
3. Joint Ownership Documents
For major assets like homes, vehicles, or businesses.
4. Written Palimony Agreement
If financial support was promised or expected.
5. Beneficiary Designations
This includes life insurance, retirement accounts, and pensions.
When these protections are in place, your relationship is treated with the seriousness and security it deserves, even without a marriage certificate.
When to Talk to a Lawyer
If you’re unsure about your rights, it’s wise to seek help. A family law attorney in NJ can help you understand how the law applies specifically to your relationship and what steps you can take to protect yourself. It might feel uncomfortable to think about legal planning when things are going well in your relationship. But protecting each other isn’t unromantic, it’s responsible.
If you have questions about your relationship, your rights, or the best way to safeguard your future, Hoffman Family Law is here to help. When you’re ready, reach out to our family law attorneys to schedule your consultation.
