Many couples choose to live together for years without getting formally married. Some assume that years of cohabitation eventually add up to something resembling marriage. This is referred to as common law marriage. Understanding how New Jersey treats cohabitation can help you make more informed decisions about your relationship.
What is common law marriage?
Common law marriage is a legal arrangement that grants couples marital status without a formal ceremony or a marriage license. In states that recognize common law marriage, courts base recognition on three factors:
- Whether both parties had the legal capacity to marry
- Whether both mutually agreed to be married
- Whether they presented themselves publicly as spouses
Understanding where your state stands on this issue is an important part of your legal rights as a couple.
How does New Jersey treat common law marriage?
New Jersey officially abolished common law marriage in 1939. Regardless of how many years two people have lived together in this state, New Jersey will not recognize them as a legally married couple. Even if a couple shares finances, owns property together or raises children, cohabitation alone does not establish a legal marriage in the state.
What if you formed a common law marriage in another state?
States like Texas, Colorado and Montana still recognize common law marriage. If a couple established a valid common law marriage there and later moved to New Jersey, their marital status does not simply disappear. New Jersey generally honors marriages that were legally formed in other states.
How does this affect cohabiting couples?
Since the state does not legally recognize cohabiting couples as married, separation does not require a formal divorce process. Ending a long-term cohabiting relationship in New Jersey involves far fewer legal obligations than dissolving a formal marriage.
Can cohabiting after divorce reinstate a marriage?
Some couples pursue a divorce for financial or personal reasons while continuing to live together. However, resuming cohabitation after a divorce will not automatically reinstate a legal marriage. The state will not reclassify a couple as married simply on the basis of shared living arrangements.
What legal protections do cohabiting couples have?
Cohabiting couples in New Jersey do not automatically receive the same legal protections that married couples receive. However, there are legal tools that can help. A cohabitation agreement is a written contract that defines each partner’s financial rights and responsibilities. The state requires palimony agreements between unmarried partners to be in writing and signed by the party from whom support is being sought.
Understanding how relationship status affects your legal rights
Understanding how New Jersey law applies to your relationship is an important first step. Knowing where you stand legally allows you to make informed decisions, whether you are planning for the future or working through a separation. These considerations can affect everything from financial arrangements to property rights and future responsibilities.