Since the 1980s, New Jersey courts have held that legal marriage is a prerequisite to bringing a per quod claim. See Childers v. Shannon, 183 N.J. Super. 591 (Law Div. 1982); Leonardis v. Morton Chemical, Div. of Morton Norwich Products, 184 N.J. Super. 10, 11 (App. Div. 1982); Lemma v. Racing, 2011 N.J. Super. Unpub. LEXIS 1212 (App. Div. 2011). However, due to the dated policy considerations underlying these decisions, there is a reasonable basis to argue that unmarried cohabitants, and other individuals with intimate familial relationships, should have standing to assert a per quod claim. 

One of the early cases to evaluate the requirements of a per quod claim was Childers v. Shannon. In Childers v. Shannon, the plaintiff sought to recover for injuries to her fiancé arising out of an auto accident that occurred two months before the wedding. Childers, supra, 183 N.J. Super. at 592. The defendants filed a motion to dismiss the per quod claim because the plaintiffs were not married at the time of the accident. Id.