New Jersey Domestic Partnership Act

Effective July 12, 2004

• Who is it for?
• What are the requirements to establish a domestic partnership?
• How do you file an affidavit of partnership?
• What rights do I have in a domestic partnership?
• How do you terminate a domestic partnership?
• What are some differences between domestic partnership and marriage?

Who is it for?

• Same-sex couples
• Couples over the age of 62

What are the requirements to establish a domestic partnership?

• Both parties must either be of the same sex or over 62 years of age.
• Both parties must be at least 18 years of age.
• There must be no blood relationship.
• Parties must share a common residence.
• Parties must be willing to take responsibility of one another's common welfare. (This can be shown through evidence of joint financial arrangements or joint ownership of real estate or personal property.)
• Parties must be willing to be responsible for each other's living.
• Both parties must jointly file an Affidavit of Partnership.

How do you file an affidavit of partnership?

If you meet the requirements to establish a domestic partnership (link to last question), you pay a $28.00 fee to file an Affidavit of Partnership at any local town registrar. You then receive a Certificate of Domestic Partnership. Copies of both, the Affidavit of Partnership and the Certificate of Domestic Partnership are filed with the State Registrar.

When you go to register you should bring:

• Proof of identification, age and common residence
• Proof of one of the following:
  • Joint deed, mortgage agreement or lease; or
  • Joint bank account; or
  • Designation of one as primary beneficiary in other's will; or
  • Designation of one as primary beneficiary in other's life insurance policy or retirement plan; or
  • Joint ownership of a motor vehicle.

What rights do I have in a domestic partnership?

• Statutory protection against discrimination based on domestic partnership status by employers, landlords, lenders and others.
• Visitation and decision making in health care setting
  • You have the right to hospital visitation
  • You have the right to consent to organ donation
  • You have the right to name on another in a health care proxy
• Tax related benefits
  • You may claim joint tax status for state tax purposes
  • You may claim mandatory insurance coverage and pension benefits if your partner is a state employee

How do you terminate a domestic partnership?

The grounds for terminating a domestic partnership and filing fee are the same as for divorce.

• Infidelity
• Desertion (over 12 months)
• Extreme cruelty (3 month old allegation)
• 18-month separation
• Drug addiction or habitual drunkenness (over 12 months)
• Institutionalization for mental illness (over 24 months)
• Imprisonment (over 18 months)

The superior court has jurisdiction and the judges are not required to effect equitable distribution of property. There is no obligation regarding alimony and the Act does not address the issue of children. Therefore, it may be beneficial to have certain agreements drawn up by an attorney prior filing for a Domestic Partnership.

What are some differences between domestic partnership and marriage?

• Health Benefits
  • Private employers have the option to provide health benefits to same-sex domestic partners. Law states that employers cannot be required to provide the coverage.
  • Insurance companies are required to offer domestic partnership coverage.
  • The Domestic Partnership Act requires health coverage for domestic partners employed by the state of New Jersey.
• New Jersey Law Against Discrimination (NJ LAD)
  • An employers decision to not offer health benefits to domestic partners is exempt from the New Jersey Law Against Discrimination.
• Termination of a Domestic Partnership
  • New Jersey law does not offer the right to property settlement or entitlement when a domestic partnership is terminated.
  • Domestic partners do not automatically acquire rights or obligations with respect to children. (In most states, a father acquires the rights to all children born to his wife during their marriage, regardless of biological connection.)
• Inheritance Rights
  • New Jersey law does not include domestic partners in the intestate succession scheme, which means that if one partner dies without a will their partner may not receive anything. In the case of a married couple, the spouse would still receive a large share of the estate.
• Right to Sue on Behalf of Partner
  • New Jersey law does not give domestic partners the right to sue in the event of injury or death to the other.