Law & Legal & Attorney Family Law

New Jersey Domestic Partner Act

    Early History

    Requirements

    • In order to obtain the benefits of a domestic partnership in New Jersey, the couple must be at least 62 and share a common residence. The couple must also have joint financial arrangements or joint ownership of property. Neither individual can be in a legal marriage or civil union with anyone but the current partner and cannot be third cousins or closer in terms of relation. In order to terminate a domestic partnership, one of the individuals must file the termination with the Superior Court of the State of New Jersey and give notice to the partner.

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    Benefits

    • Hospital visitation rights are granted to domestic couples in New Jersey.Hospital image by Raulmah?3n from Fotolia.com

      Couples who meet the requirements of a domestic partnership are entitled to certain benefits such as being able to claim the other as a dependent on New Jersey state tax returns. Domestic partners also have the same rights as spouses in terms of making medical decisions for their partners, as well as full visitation rights if the partner is hospitalized. In the event of death, the remaining partner has the same rights as a spouse in terms of inheritance if the deceased did not leave a will. Domestic partners who are state employees are also entitled to health insurance coverage, as are their children.

    Residence

    • In the case that both individuals reside outside of New Jersey, one of the two individuals must provide proof that he is a member of a New Jersey State administered retirement system. Evidence of such may be provided in the form of a 1099R form from the current or previous year, or a certificate of pension membership. She must also provide proof of joint financial responsibility. Failure to do so will prohibit all benefits of a domestic partnership under DPA guidelines.

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