Palimony Law in New Jersey
Revised statute requires Palimony agreements to be in writing.
This law is intended to overturn recent palimony decisions by New Jersey courts. An agreement to provide support or any such contract must be in writing and signed by the person making the promise. More specifically, the law provides that a promise by one party to a non-marital personal relationship to provide support or other consideration for the other party, either during the course of such relationship or after its termination, is not binding unless it is in writing and signed. The law provides that no such written promise is binding unless it was made with the independent advice of counsel for both parties.
This law eliminates the holdings of two cases New Jersey Supreme Courts which unwisely upheld palimony agreements between two unmarried cohabitants.
The new palimony law almost totally eliminates palimony in NJ.The NJ Legislature recently amended the Statute of Frauds to put an end to frivolous lawsuits seeking support based on alleged oral contracts. The Legislature did more than just say "no palimony". They eliminated any non-written contract friendship.
The actual cite to the NJ statute of frauds is NJSA 25:1-5.
Promises or agreements not binding unless in writing. No action shall be brought upon any of the following agreements or promises, unless the agreement or promise, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person thereunto by him lawfully authorized......
h.A promise by one party to a non-marital personal relationship to provide support or other consideration for the other party, either during the course of such relationship or after its termination. For the purposes of this subsection, no such written promise is binding unless it was made with the independent advice of counsel for both parties.amended 1991, c.86; 1995, c.360, s.8; 2009, c.311.
https://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=133755631&Depth=2&TD=WRAP&advquery=%2225%3a1-5%22&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={A094}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=0&y=0&zz=
