Is there a Common Law Marriage in New Jersey?

Common law marriage is a form of relationship legally recognized in certain U.S. states. In these jurisdictions, the law permits a couple to be legally considered married without the benefits of actual nuptials and a wedding license or wedding certificate. Generally speaking, states that recognize common law marriage typically require the confluence of certain specific factors:

Two adults must live together for a notable period of time, typically seven years

• Notoriously present themselves as a married couple to others
• Intend to be married
• Comingle financial accounts and obligations

In states that recognize common law marriage, this type of status provides partners with the same legal rights and obligations that are found in or derived from a traditional marriage. In this article, we discuss whether or not the law provides for common law marriage in New Jersey.

Position of the Garden State: No Common Law Marriage In New Jersey

The legal reality at this juncture in time is that there is no common law marriage in New Jersey for individuals who start a particular relationship after a particular historical date. Specifically, common law marriage in New Jersey was abolished for nuptials that occurred on and after December 1, 1939.

What this means is that no matter how long a couple has lived together, no matter if the other types of requirements set forth previously in this article fully are satisfied, that pair will not be recognized as married in the state of New Jersey under the principles associated with common law marriage.

This statute makes New Jersey one of the many states that do not grant marriage status based on cohabitation or reputation alone. Consequently, couples that are not married in the traditional sense cannot rely on common law marriage to secure legal protections typically afforded to duly married spouses.  

Limited Exception: Out-of-State Recognition

As you read this article, you may think to yourself that you know people who live in the Garden State that are in common law marriages. The reality is that although New Jersey doesn’t allow new common law marriages, the state will recognize common law marriages that were validly established in other states. By way of example, if a couple lived in a state like Colorado or South Carolina (where common law marriage is recognized) and met that state’s requirements, New Jersey will treat them as legally married if they move to New Jersey.  

This legal recognition occurs because of a legal principle that is known as comity. Pursuant to this legal principle, U.S. states typically honor lawful marriages created elsewhere. Absent those external qualifications, the couple still would not be considered married in New Jersey.  

Misconceptions About Cohabitation and Duration

A common misconception is that living together for many years — or even decades — will eventually create marriage-like rights in the Garden State. In New Jersey, no amount of cohabitation creates a common law marriage. There is no statutory or judicially recognized “time period” after which a couple is treated as married.  

Unlike in states where common law marriage remains recognized, New Jersey courts will not automatically confer marital benefits — such as inheritance rights, pension survivor benefits, or health insurance coverage — simply because a couple has lived together for a long time.  

Rights of Unmarried Couples Without New Jersey Common Law Marriage

Finally, because New Jersey does not recognize common law marriage, long-term partners do not automatically receive the legal protections that married couples have. This typically impact key areas that include:

• Property Ownership: Without legal marriage, property won’t automatically pass to a partner upon death. Unless it’s jointly titled or covered by a will, the partner may receive nothing under New Jersey’s intestacy laws.  
• Inheritance Rights: Unmarried partners have no default right to inherit assets. This can be particularly impactful if one partner dies without a will.  
• Spousal Support and Division of Assets: Unlike married couples, there’s no right to spousal support or equitable distribution of shared assets upon separation.

Some limited financial support may be possible only through written agreements such as palimony contracts or cohabitation agreements — but these must be carefully drafted and are not guaranteed by default.  If you have any questions or are in need of legal assistance, you can schedule a no cost, no obligation initial consultation by calling the Law Offices of Peter Van Aulen at 201-845-7400.