The New Jersey Supreme Court’s Ruling on Common Law Marriage: What Can Unmarried Couples Do?

Common law marriage is a type of marriage that is not recognized by the government. It is a form of marriage in which the couple are not legally married, but they are considered to be married under common law.

However, the New Jersey Supreme Court has ruled that this type of marriage will no longer exist in New Jersey after October 21st, 2018.

The court’s decision came after an appeal by the state attorney general. The attorney general argued that this type of marriage should not be allowed because it was too easy to get into one and it did not provide any benefits for couples who were already legally married. For couples who are not legally married, this does not leave them with many rights.

What Can NJ Unmarried Partners Do Without Common Law?

It is no secret that common law marriage is not recognized in New Jersey. This means that if you are unmarried and living together, you are not entitled to the same rights as those who are married. For example, if one of you passes away without a will, the other partner will not be able to inherit any property or assets.

There are legal options for unmarried couples in our state. Unmarried couples have three legal options for their relationships: they can live together with the intent to create a life-long relationship, they can enter a civil union, or they can enter a domestic partnership.
Civil unions are recognized by NJ law and provide all of the same protections and responsibilities that marriage provides, but without some of the federal benefits that come with marriage. These include Social Security benefits, veterans’ benefits, family leave from work, health insurance coverage through an employer or public programs like Medicare or Medicaid.

The main difference between civil unions and marriages is that civil unions are not recognized on a federal level. For unmarried couples, this makes the whole process even more messy and frustrating if there are children involved. To make sure your assets and rights are protected, having an understanding and tenacious family law attorney on your side is critical. At the Law Office of Jennifer Marshall, Esq., we fight for our clients’ rights. If you are looking for a lawyer with civil union experience, call us today.