Palimony & Compensation for Unwed Couples in New Jersey

Palimony Agreements in New Jersey

Compensation for unmarried Couples

In New Jersey, issues regarding Palimony may occur when couples choose to live together or cohabitate without legally marrying or joining together in a legally-recognized Civil Union. It's not uncommon for such partners to share duties and responsibilities, which ultimately may result in making one financially reliant on the other.
Unlike spouses or civil union partners, cohabiting partners, including registered domestic partners, have no entitlement to alimony or equitable division of marital property. However, one partner may pledge to provide payment or other compensation to the other. So, what are your options if you’re looking to receive Palimony (or if you’re hoping to avoid paying it)?

If you live in New Jersey and are not married or in a civil union but your ‘spouse’ has promised you financial assistance or property sharing, you may have a valid New Jersey “palimony” claim if:

• You and your partner signed a formal cohabitation or domestic partnership agreement following independent legal counsel; or
• You and your partner had a similar arrangement that was not in writing before January 18, 2010.

This field of law is complicated and has changed often. Whether or whether you have a formal agreement, you should contact an experienced palimony and family law attorney to explain and clarify your position.

Alimony vs Palimony in NJ

“Palimony” is not a legal word like “alimony” or “spousal support” which both imply the same thing. The laws governing fair property division and alimony only apply to couples who are terminating a lawful marriage or civil union. However, one spouse may willingly give up property rights or assure future financial assistance to the other, which is known as palimony. Palimony is a term used to describe a contractual obligation to give financial assistance comparable to alimony.

No Claim without a Cohabitation Agreement

For many years, New Jersey law did not need a written agreement to establish an intimate partner's commitment to compensate financially. However, on January 18, 2010, a modification to the New Jersey “statute of frauds” took effect. Palimony claims since that date must be based on a formal agreement made following independent legal consultations. The New Jersey Supreme Court emphasized in Maeker v. Ross (2014) that the statutory amendment requirements are not retroactive. So if you have an oral agreement that precedes the amendment, you may be able to establish it in court.

Palimony and cohabitation agreements are a continuously developing within the courts as more and more couples choose alternatives to marriage. Call our office at (800) 709-1131 to discuss your NJ Palimony case.