New Jersey, like many states, once recognized common-law marriages, but no longer does. This means that simply living together and presenting yourselves as married isn't enough to establish a legally recognized marital relationship in the state. Understanding the history and current implications is crucial for anyone considering a relationship in New Jersey or dealing with the aftermath of a long-term cohabitating relationship.
What is Common-Law Marriage?
Before diving into New Jersey's stance, let's define common-law marriage. Also known as informal marriage, it's a legal arrangement where a couple is considered married without a formal ceremony or marriage license. Historically, common-law marriage required three elements:
- Cohabitation: The couple must live together.
- Present Intent to Marry: Both partners must intend to be married, even without a formal ceremony. This intent is often difficult to prove.
- Public Representation: The couple must hold themselves out to the public as husband and wife. This could include telling friends and family, filing joint tax returns, or using the same last name.
When Did New Jersey Abolish Common-Law Marriage?
New Jersey abolished common-law marriages for couples entering into relationships after January 1, 2009. This means any couples who began cohabitating after this date cannot claim common-law marriage, regardless of how long they live together or how they represent themselves to others.
This is a significant change. While existing common-law marriages entered into before January 1, 2009, are still recognized, establishing a new one is impossible.
What About Couples Who Lived Together Before 2009?
Couples who began cohabiting before January 1, 2009, and met the requirements of a common-law marriage (cohabitation, present intent to marry, and public representation) may still be considered legally married in New Jersey. However, proving these elements can be challenging, often requiring substantial evidence. This evidence might include:
- Witness testimony: Statements from friends, family, or colleagues who can attest to the couple's public representation as husband and wife.
- Financial records: Joint bank accounts, tax returns, or insurance policies listing both partners.
- Legal documents: Contracts or wills naming the other partner as spouse.
Even with strong evidence, proving a common-law marriage can be a complex legal process.
What are the Consequences of Not Having a Legally Recognized Marriage?
The absence of a legally recognized marriage in New Jersey has significant consequences, impacting areas such as:
- Inheritance: Without a will, the surviving partner may not inherit from their deceased partner's estate.
- Spousal support: In a separation or divorce, there are no legal grounds for spousal support or alimony.
- Healthcare decisions: The non-spouse may not have the legal right to make healthcare decisions for their partner.
- Tax benefits: Married couples are eligible for various tax benefits that unmarried couples do not receive.
- Pension and retirement benefits: These benefits may not be transferable to the surviving partner.
How Can I Ensure My Relationship is Legally Recognized?
The only way to guarantee a legally recognized marriage in New Jersey is to have a formal ceremony and obtain a marriage license. This protects both partners' rights and ensures clarity regarding their legal status.
What if We Lived Together for Many Years and Believed We Were Married?
Length of cohabitation does not automatically equate to a common-law marriage in New Jersey, especially for couples who began living together after January 1, 2009. Legal advice is crucial in such situations to understand rights and options.
Can I convert a long-term relationship into a legal marriage?
No, you cannot retroactively convert a long-term relationship into a common-law marriage in New Jersey, regardless of the length of time you lived together. The only way to obtain legal marital status is through a formal marriage ceremony and license.
This information is for guidance only and does not constitute legal advice. If you have specific questions about your circumstances, it's crucial to consult with a qualified New Jersey family law attorney. They can advise you on your rights and options based on your individual situation.
