The rights to support and property division that married couples enjoy are not available to unmarried couples. Therefore, a domestic partner can be left without financial support if there is no legally binding agreement. This is especially true in situations where one person made all of the household income and held the majority of the property.
Informally referred to as “palimony,” this legal requirement of ongoing financial assistance that may be placed on one partner following the dissolution of a romantic (non-marriage) relationship.
It is comparable to alimony, which is a requirement for one spouse to support the other following a divorce.
While alimony and palimony have comparable practical implications, their underlying legal foundations differ. Palimony is viewed as a form of agreement. This means that there must be an agreement (explicit or implied) between the partners that one will support the other in exchange for something, typically companionship and household assistance.
Most states wouldn’t grant palimony unless both partners cohabited. But in New Jersey, palimony can be granted even if the couple did not live together over the course of the relationship.
Cohabitation is only one aspect that courts should take into account when deciding whether or not to grant palimony, according to New Jersey law. Practically speaking, this distinction may not make much of a difference because cohabitation is still the most important element that judges take into account. The fact that the partners did not cohabitate will go strongly against any palimony award.
This field of law is complicated and has seen numerous revisions. Your best line of action is to speak with a qualified palimony attorney to clarify your issue and whether or not you have a written agreement.
What Are New Jersey’s Current Palimony Laws?
The New Jersey Assembly expanded the definition of palimony in the statute of frauds. Palimony is currently a contract requiring written documentation to be enforceable, according to Section 25:1-5(h) of the New Jersey Statutes Annotated (NJSA).
As a result, before entering into a non-marital separation, a couple must sign a formal agreement in accordance with New Jersey’s current palimony statute.
The following requirements must be fulfilled in order to provide palimony:
- The two were not wed.
- The couple shared a home.
- A signed written contract makes a pledge to provide financial assistance, such as a cohabitation agreement, non-marital agreement, or palimony agreement.
- The parties’ individual attorneys provided them with legal advice regarding their rights under the agreement.
- The palimony payor must have signed the agreement voluntarily and without compulsion or force.
The petitioning party is not entitled to alimony payments if the aforementioned requirements are not satisfied.
What Are the Differences Between Alimony and Palimony in New Jersey?
The terms “alimony,” “spousal support,” and “spousal maintenance” (all of which essentially mean the same thing) are legal terminology, although “palimony” is not.
Due to the fact that the laws governing equitable property distribution and alimony are only applicable to couples who are concluding a valid marriage or civil union, a couple cannot legally create marital property or grant one of the partners the right to alimony by agreement. However, a partner may willingly accept a legal duty to grant the other partner access to the property or ongoing financial support.
Because it typically serves a purpose akin to alimony, the legal responsibility to pay financial assistance is frequently referred to as “palimony.”
Payment Without a Cohabitation Agreement in Place
In order to demonstrate that an intimate partner had made a promise to offer monetary compensation, New Jersey law did not require a party to have a formal agreement for many years. On January 18, 2010, a modification to the New Jersey “statute of frauds” took effect, changing this. Since that time, a genuine palimony claim can only be supported by a formal agreement that is signed following independent legal consultations.
The New Jersey Supreme Court made it clear that the requirements of the legislative amendment are not retroactive in the 2014 case of Maeker v. Ross. This implies that you could still be able to support your claim in court if you have an agreement that is not in writing but precedes the modification.
Cohabitation agreements and palimony are still legal gray areas. For the most recent legal advice, always be sure to visit a lawyer.
The Palimony Laws Do Not Apply to the Past
A verbal palimony agreement that was made with your partner before 2010 may still be enforceable. According to the New Jersey Supreme Court, couples are not required to plan for a change in the law that would render their oral agreement for palimony payments illegal.
Therefore, you might still be eligible for palimony payments if you can demonstrate that you had an inferred or explicit spoken agreement for it before 2010. However, for palimony to be legitimate if the agreement was signed in 2010 or later, it must be in writing.
Cohabitation Agreement vs. Palimony Agreement
Palimony agreements primarily cover how to maintain an unmarried couple financially in the event of a divorce. The couple may have included provisions for property partition in the palimony agreement in particular circumstances. The palimony agreement may affect the divorce process if it deals with property issues and the couple later gets married.
A cohabitation agreement is a non-marital contract that can give each partner the same rights as a married pair.
Cohabitation agreements may address the following subjects:
- Support
- Real estate division
- Health protection
- Legal authority
The couple’s particular needs and aspirations will determine whether to opt for a cohabitation agreement or a palimony arrangement. The partners must retain separate legal counsel in the case of a palimony or cohabitation agreement in order to safeguard their respective interests.
Where Did the Palimony Concept Originate?
Prior to the 1970 case involving Lee Marvin and Michelle Triola, palimony did not exist. They were a Californian couple that was not married. Although the couple was not legally married, Triola’s lawyer claimed that they had been living together in a marital-style relationship for six years.
Triola and her counsel contended that she abandoned her career when she started dating Marvin. She served as Marvin’s confidante, companion, and chef instead of working and generating an income. With Marvin’s assurance of their mutual backing, she accomplished this.
Triola claimed that due to forfeiting her earning potential, she was entitled to half of Marvin’s earnings over the six years. She relied on a tacit, verbal agreement between the two parties as the foundation for her accusations.
Triola’s claim was deemed by the trial court to be comparable to a common law marriage claim. As a result, it rejected the claim since common law marriage has been outlawed in California since 1895.
The California Supreme Court heard Triola’s appeal of the lower court’s judgment. The court determined that the pair’s relationship was distinct from that of a married couple because there was no marriage license. It recognized palimony to defend the financial rights of persons who end a marriage-like arrangement.
Palimony agreements must be made in writing after 2010 in New Jersey due to the difficulty in establishing the truth and legality of oral arguments.
Do I Require Legal Counsel for a New Jersey Palimony Decision?
Yes, many family lawyers in New Jersey have dealt with alimony decisions. Use LegalMatch to find the right attorney for your needs today.
