Arons & Solomon Divorce Lawyers | May 23, 2025 | New Jersey Law
In 2025, couples may choose to live together before marriage or not marry at all. While this is a valid choice for those pursuing it, it may leave them vulnerable by denying them the legal rights and protections typically granted to married couples, even when their lives and relationships function similarly.
Working with a family law attorney on a cohabitation agreement can ensure that your rights are protected.
Cohabitation Agreements Are Different from Common Law and Domestic Partnerships
To qualify for a cohabitation agreement, the general criteria are simply that you are not married or in a domestic partnership but are still in an intimate relationship. This often means you live with them, but not always.
Domestic Partnerships
Some may think that a domestic partnership is the same as a cohabitation agreement, which can cause problems because they differ significantly. To qualify for a domestic partnership, both partners must generally be at least 62 years old. A domestic partnership also acts much more similarly to a marriage and will provide more rights and benefits than a cohabitation agreement.
Common Law Marriage
Historically, common law marriage required you to present yourself as husband and wife in some capacity and live together for a specified amount of time. While some states still recognize it as a valid marriage, New Jersey abolished common-law marriage in 1939, with the caveat that it will recognize common-law marriages entered into before 1939.
New Jersey Cohabitation Agreements Protect You
While there are some benefits to avoiding a formal agreement, such as a lack of legal obligation for support or ease of relationship resolution, it does not come without costs. In its simplest form, a well-written cohabitation agreement protects your rights to assets like property or inheritance. However, it can also include clauses relating to medical rights or those similar to a pre- or post-nuptial agreement.
Division of Assets
One of the primary concerns of separating when you have built your life together is determining how to divide assets. A cohabitation agreement removes the guesswork and provides an agreed-upon template for dividing debt, retirement and savings accounts, investment accounts, property, and other assets acquired during the relationship.
Custody
When the relationship includes children, your presiding court system has the final say in child support and custody orders. However, Bergen County courts will often accept the terms of your cohabitation agreement if they align with the child’s best interest and are generally fair.
Medical
Some cohabitation agreements may include clauses addressing the power of attorney or similar documents to allow the partner to take necessary actions in the event of incapacitation. The standard cohabitation agreement typically includes provisions for physical property and financial considerations. Still, you may include other clauses or documents that allow them access that is more similar to a legal spouse or family member.
Is a New Jersey Cohabitation Agreement Enforceable?
When these agreements are written in accordance with applicable law, they are enforceable documents, and when willingly signed by both parties, they are generally enforceable. If both parties abide by it without issue, you will not need to have it enforced. However, if you encounter issues, you may seek mediation to resolve them, or you might need to take the situation in front of a judge for enforcement.
Your cohabitation agreement may not be enforceable if either party signed it under duress or pressure. Additionally, clauses that specifically address sexual activity may be determined unenforceable. To ensure enforceability, it is recommended that you have the document reviewed by an attorney.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States