Understanding Palimony in New Jersey
The term “Palimony” is used to describe the support that an unmarried person may request from his or her partner when the relationship between them comes to an end. The comparison of palimony to alimony (link to Alimony page) is somewhat misleading, as alimony is based upon “marital obligations” while palimony is based upon a “contract” to pay financial support in exchange for living in a marital-type relationship.
Richard C. Klein, Esq., is a family law attorney with over 30 years experience in the courts of New Jersey. As chair of the Family Law Department at Becker Meisel, LLC, his expertise in this field of law is renowned. He knows and understands the intricacies of a palimony claim, whether the relationship ended by choice or by the death of one of the partners. However, in light of the dynamic nature of palimony law in New Jersey, if you are currently involved in or thinking about entering into a “marital-type” relationship with your partner with the expectation of financial support, the best time to consult with Richard C. Klein is before the relationship ends.
An award of palimony is based on the law of contracts, where a promise can be enforced if a party relies and acts on the promise to their detriment. In pursuing a palimony claim, you must prove that your former partner agreed to provide financial support to you, either for a period of time or for life, in exchange for you living in a marital-type relationship without the legal benefits of marriage. You must show that you filled the emotional, social, and romantic needs of your ex-partner, including focusing on the rearing of the children born from the relationship and supporting your partner’s career or business endeavors, while giving up significant educational and employment opportunities of your own.
Enforcing a Palimony Agreement in NJ
The concept of “palimony” was reviewed by the New Jersey courts for the first time in 1979. In the ground-breaking case of Kozlowski v. Kozlowski, the New Jersey Supreme Court held that when an unmarried couple is living together in a “marital-style” relationship, one partner’s promise of support can be enforced if the other partner was induced by the promise to cohabit.
New Jersey courts have consistently upheld Kozlowski v. Kozlowski. In doing so, the courts have held that a palimony contract agreement may be proven by:
- the existence of a written contract with the terms of the agreement and signed by both partners in the relationship;
- credible testimony of an oral contract with a specific promise to provide ongoing support in exchange for being in the relationship; or
- proof of an implied contract, supported by a showing that one partner’s words or actions were intended as a promise to support the other party, even if they did not specifically say so.
In 2008, the New Jersey Supreme Court in Devaney v. L’Esperance held that while a “marital-type relationship” is needed to find an implied palimony contract, cohabitation is not required. There may be circumstances where a couple holds themselves out to others as a married couple and yet don’t live together, such as those separated by employment, military or educational or business opportunities. Therefore, the Court held that it is the promise of support, expressed or implied, coupled with a spousal-type relationship that are the indispensible elements to support a valid palimony claim.
The New Jersey “Palimony Statute”
In response to the NJ Supreme Court’s decision in Devaney, the New Jersey Legislature passed a bill amending the Statute of Frauds, N.J.S.A. 25:1-5, to provide that “[a] promise by one party to a non-marital personal relationship to provide support for the other party, either during the course of such relationship or after its termination” must be in writing to be in enforceable. On January 15, 2010, former Governor Jon Corzine signed the legislation into law. The “palimony law” further requires both parties to receive independent advice of legal counsel before the agreement can become binding.
Currently, it is not clear how the Courts will decide cases involving unwritten palimony agreements made between unmarried people before the new palimony law was enacted. The much-anticipated decisions in pending cases will hopefully clarify whether the Court will apply the palimony law retroactively. Does the law apply to private oral or implied contracts that were formed before the law was enacted or is it limited to relationships entered into after the law was passed? The questions should be answered soon.
However, and importantly, there are several novel approaches which are being employed to have a Court uphold palimony agreements despite the palimony statute. Our family law attorneys monitor Court decisions closely and stayed informed of the latest legal precedents, especially regarding the dynamic issue of palimony. As experts in the field of family law, Richard C. Klein, Esq., and the associates in his firm are prepared to take on the challenges of the ever-changing landscape of palimony claims and will provide you with the knowledgeable and strategic representation needed to get the results you deserve.
Putting a Palimony Agreement in Writing
The palimony statute applies to both traditional couples and same-sex couples. When entering into a “marital-type” relationship, discussing the parameters of the financial arrangement, and putting an agreement in writing, is a very difficult conversation, but it is necessary pursuant to the current state of the law. Richard C. Klein, Esq., provides excellent legal advice and representation in the mediating, drafting and reviewing of your palimony agreement. However, should you find yourself at the end of a relationship with only an oral or implied palimony contract, our firm has the knowledge and expertise to employ all legal theories available to seek enforcement of that agreement and to obtain for you an equitable outcome.
With our South Jersey office conveniently located in Cherry Hill, Camden County, and a second office situated in Shrewsbury, Monmouth County, we are a short drive from most New Jersey cities. We practice throughout most New Jersey counties, including Camden, Burlington, Monmouth, Middlesex, Mercer, Hunterdon, Somerset, Gloucester and Salem counties. Contact Richard C. Klein, Esq., today to discuss putting your palimony agreement in writing or to investigate your possible palimony claim.
Richard C. Klein, ESQ.
Woodland Falls Corporate Center
220 East Lake Drive
Suite 102
Cherry Hill, New Jersey 08002
Toll Free: 888-763-4490 | Telephone: 856-779-8700 | Fax: 856-779-8716