Written Agreement Necessary for Palimony in New Jersey

February 02, 2011 (Press-News.org) In January 2011, New Jersey legislators passed a bill requiring unmarried couples who agree to palimony to put their promises to each other in writing. New Jersey law recognizes both civil unions and domestic partnerships, but under the new legislation, unmarried couples cannot obtain palimony without written agreements.

Palimony

In a palimony agreement, an unmarried couple declares that one partner will provide financial support to the other partner if the couple's relationship ends. In addition to laying out each person's financial expectations and obligations, the agreement also may address the division of assets and property that were acquired during the relationship.

The Supreme Court of New Jersey first recognized a valid claim for palimony in 1979. The court addressed palimony again in 2002, clarifying that someone seeking palimony must prove that he or she was in a "marital-type relationship" with the person from whom they seek financial support.

In 2010, the state Supreme Court eased the requirements for an enforceable palimony agreement, stating that a marriage-like relationship did not require two people to have lived together.

In response, the New Jersey Legislature passed a bill making palimony agreements enforceable by a court only if the couple has a written agreement.

The Supreme Court in New Jersey is now faced with the issue as to whether or not this law applies to relationships that existed before the law was effective or only to those that commenced after the effective date. There are still many legal arguments that can be made to have one party pay compensation to another in a non-marital situation.

New Palimony Law

Assembly Bill No. 2296 was signed by Governor Jon Corzine on one of his last days in office. It states that a promise by "one party to a non-marital personal relationship" to provide support for the other party, either during or after a relationship, is not legally binding unless:
- The promise was made with advice of a separate lawyer for each person, or both people knowingly, willingly and voluntarily waived the advice of a lawyer in a written, notarized statement.
- The promise is in writing and signed.

Benefits of Palimony Agreements

According to a Pew Research Center study, 39 percent of Americans think marriage is becoming obsolete. Under New Jersey law, however, even individuals who have lived together for decades have no right to support or property from each other if they break up.

Palimony agreements are extremely valuable because they fill in the legal gap for unmarried couples. Other benefits of palimony agreements include:
- Protecting significant assets or expected inheritance
- Clarifying business ownership
- Allocating debt properly
- Compensating a caregiver
- Specifying financial support

Palimony agreements create legal rights and obligations, so it is wise to consult a lawyer before signing a palimony document. If you have questions about palimony, civil unions or domestic partnerships, contact a knowledgeable family law attorney in your area.

Article provided by The Law Offices of James M. Newman and Associates, LLC
Visit us at www.monmouthlaw.com