Understanding New Jersey Cohabitation Laws: Impact Beyond Borders

As our world becomes more interconnected, it seems cohabitation as an alternative to marriage is a growing trend. But what exactly do the rules state about the most common ways of living outside of wedlock? While there are only so many laws that apply, one of the clearest and most thorough guides that can help an individual determine the consequences of cohabitation is the New Jersey cohabitation statute.

Defining new jersey cohabitation law is fairly straightforward. The actual legal term is “Cohabitation,” which refers to an arrangement where all members of a couple are living together in the same household, though they are not legally married. There are any number of reasons a cohabitating couple may choose to reside together without getting married, but the law seeks to provide some of them with certain protections.

Under these laws, a partner may be entitled to some form of support or distribution of assets if a couple decides to separate. The amount of pot money being amended or transferred from one partner to another will depend on the circumstances and length of the cohabitation. In some cases, the recipient may have to actually file a court action in order to have their claims of an equitable distribution paid out by a cohabitating partner. In these situations, a judge will determine the most appropriate distribution based on the previous or current relationship status of the parties involved.

The history of these laws is somewhat similar to that of gay marriage, in that it has only been within the past several decades that they were upheld within the state of New Jersey. Prior to 1971, cohabitation was seen as a stain on a family’s reputation, and was considered morally wrong. However, a New Jersey case ruled on the validity of a child’s paternity and legitimacy in the midst of a long-term cohabitation between his mother and father, even though they were never married.

As more cases like this have come before judges, courts have increasingly adjusted the language and stipulations of these laws. Now, as long as cohabitation is consensual and has occurred for a period of time, individuals appear to have legal claim to their partner’s assets and support. Although there is the option to draw up a cohabitation agreement to protect your rights, it is not legally required in the state of New Jersey. However, many international couples often prefer to draw up a document clarifying how assets will be divided, if and when a separation occurs. In this sense, this document holds many of the same properties as a prenuptial agreement.

Depression and anxiety are two of the largest challenges that cohabitating couples tend to face. In many ways, the result of the ongoing struggle to “make things work” even though they are refusing the institution of marriage, drives many couples to experience guilt about their situation. However, this is tempered by the benefits of being able to live in an environment where they feel comfortable and aware of what to expect from their partner.

As New Jersey continues to abide by its cohabitation laws, an increasing number of other states are following their lead, and allowing couples the right to choose their future with one another. As more domestic issues fall under the jurisdiction of the law, fewer people find it necessary to look elsewhere for answers.

While the state of New Jersey’s current laws and procedures are fairly cutting-edge by American standards, in many foreign countries, the social and legal infrastructure is still catching up. In the Arab world, for example, those who wish to cohabitate must sometimes leave their home countries in order to do so legally. In some situations, people have been arrested and imprisoned due to their cohabitation arrangements. Although this is more of a social issue than a legal development, it illustrates how the world continues to grow culturally, and how our institutions often struggle to keep up with what society now expects.

Our modern world brings an unprecedented level of exposure to different lifestyles and marriage options. While the United States is finally beginning to embrace the realities of different types of relationships, perhaps someday, many cultures will follow suit.