Domestic Partnerships

New Jersey was one of the first states to implement a domestic partnership scheme via the New Jersey Domestic Partnership Act, N.J.S.A. 26:8A-1, et seq., which went into effect in 2004. The Domestic Partnership Act afforded same-sex partners and opposite sex partners (age 62 or older) some of the same rights and responsibilities enjoyed by married couples, including property rights, child custody and retirement/healthcare benefits. The following criteria must be met to register for a domestic partnership in New Jersey:

• The partners share a common residence in New Jersey or any other jurisdiction provided that at least one of the applicants is a member of a New Jersey State-administered retirement system
• Both persons are jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property
• Both persons agree to be jointly responsible for each other’s basic living expenses during the domestic partnership
• Neither person is a party to a marriage or civil union recognized by New Jersey law or a member of a domestic partnership with another individual
• The persons are not related to each other by blood or affinity up to and including the fourth degree of consanguinity (simply stated, individuals who are first cousins or more distantly related)
• The partners chose to share each other’s lives in a committed relationship of mutual caring
• Neither partner has legally terminated another domestic partnership within the last 180 days (This prohibition does not apply when the previous partnership ended due to the death of the other partner)

As discussed in more detail below, New Jersey has since enacted same-sex marriage and civil union laws, but domestic partnerships remain available to partners age 62 or older, whether same-sex or opposite sex.