By: Amy Wechsler, Esq.
In New Jersey, a couple cannot acquire marital or civil union rights and responsibilities by simply living together. For a couple to have a legal marriage or civil union, they must both obtain a valid marriage or civil union license and have a ceremony per- formed by an authorized person, institution, or organization to solemnize the event. For couples who have not taken those two steps, traditional divorce law simply does not apply.
When a married couple divorces, one of the parties may be entitled to alimony or other spousal support. There are specific statutory provisions and case law that provide for alimony and give guidance as to how much alimony should be paid and for how long. But if that same couple never married, alimony is not available and the legal framework for alimony is not considered. For most of these couples, neither party is entitled to support of any kind. For others, in very limited circumstances, one party may be entitled to support in the form of “palimony.”
Similarly, couples who are married or in a civil union can take advantage of specific laws that provide for “equitable distribution” of property. Those laws define the property that is subject to division (called “marital property”) and set forth the factors to consider when determining how couples will share their assets, as well as their debts. This includes the distribution of real estate, bank accounts, businesses, retirement assets, vehicles, furnishings and whatever else the parties own, and it also includes debts, such as credit card debt, mortgages, personal loans and car loans. But for unmarried and non-civil union partners, the law on equitable distribution does not apply, and many people are surprised and dis- appointed to learn that they do not have the same property rights as married individuals when their relationships end.
When unmarried couples own real estate together, their rights are usually defined by the way they hold title on the deed. In some instances, couples may have entered into cohabitation agreements or contracts that set forth their respective rights regarding property and, in those cases; principles of contract law may apply to the division of these assets. Unmarried couples who are considering owning a home together may want to explore the benefits of entering into these types of agreements before taking title.
Cohabitation agreements can be useful in addressing not only real estate, but other types of assets as well, so parties can be clear how they will divide furniture, bank accounts and other property they acquire together. These agreements can also provide for the sharing of debts and responsibility for expenses. By entering into a cohabitation agreement or other contractual arrangement, an unmarried couple can clearly establish their rights and obligations and save themselves unnecessary litigation if they end their relationship.