Can an Unmarried Partner Receive their Deceased Partner's Death Benefits in New Jersey?
By Taylor P. Young
A term commonly used for couples that cohabitate for long periods of time is domestic partners or a common-law marriage. A common-law marriage is defined as “a marriage that is without a ceremony and is based on the parties’ agreement to consider themselves married”.[1] Since December 1, 1939, The State of New Jersey has not recognized common law marriage.[2]
The Civil Union act has defined civil union partners and made changes in the requirements for domestic partners in New Jersey. As of February 19, 2007, to get into a domestic partnership “same-sex couples or opposite-sex couples must be age 62 or older”.[3] Some of the other requirements for domestic partners include share a common residence in New Jersey, both persons are jointly responsible for each other’s common welfare and living expenses, and more.[4]
The requirements for a civil union partner in the state of New Jersey is a little different. Under the Civil Union Act individuals wishing to establish a civil union must not be a party to another civil union, domestic partnership, or marriage, they must be of the same-sex, and be at least 18 years of age or under 18 with parental consent. [5]
In New Jersey when unmarried with children, and one of the partners dies the money and/or estate is not given to the living partner, unless otherwise stated with a will. The money and estate will be given to the children based on the Law of Intestate Succession.
In New Jersey there is the Law of Intestate Succession, which states, “If you die leaving a child or children but no spouse, registered domestic partner, or civil union partner, the children will take equally. Grandchildren will take their deceased parent’s share.” [6] This implies that since there is no marital status or documented partnership your partner is not legally allowed to obtain your money or your estate. This would leave the next of kin eligible which is the children in this instance. Whatever is left after the deceased would be split equally amongst the children.[7]
The same situation applies if an unmarried individual were to sue for the Wrongful Death of their partner. Since the couple is not married the financial damages in the lawsuit would be passed to the next of kin, whether it is the children, siblings of the deceased or the parents of the deceased. The surviving partner is unable to receive the damages because, “since wrongful death statutes are meant to compensate family members of the deceased, only legally recognized family will be able to recover. This means that the child of the unmarried couple would have the right to recover for wrongful death, while the unmarried surviving parent would not.” [8]
An unmarried couple does not have the same rights as couples who are legally married, in a civil union or a domestic partnership. This makes it exceedingly difficult for the couple to receive compensation after their partner who died wrongfully or not.
[1] Merriam-Webster, Inc. (1998). Common-Law Marriage. Merriam-Webster Dictionary of Law (pp. 87–88).
[2] Guillen, L. (2012, November 29). Common Law Marriage in New Jersey. www.divorcenet.com. https://www.divorcenet.com/states/new_jersey/unmarried_relationships.
[3] NJ Health. (n.d.). Domestic Partnerships. Department of Health | Vital Statistics | Domestic Partnerships. https://www.nj.gov/health/vital/registration-vital/domestic-partnerships/
[4] Ibid.
[5] NJ Health. (n.d.). Civil Union Licenses. Department of Health | Vital Statistics | Civil Union Licenses. https://www.nj.gov/health/vital/registration-vital/civil-union-licenses/.
[6] Estates Without a Will. New Jersey's Monmouth County: The Place You Want to Be. (n.d.). https://www.visitmonmouth.com/page.aspx?ID=1759.
[7] Ibid.
[8] Khoury, G. (2017, May 19). Do You Need to Be Married to File a Wrongful Death Claim If Your Partner Dies? Findlaw. https://blogs.findlaw.com/injured/2017/05/do-you-need-to-be-married-to-file-a-wrongful-death-claim-if-your-partner-dies.html.