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The 2010 statutory amendment to New Jersey law [N.J.S.A. 25:1-5(h)] requiring palimony agreements to be in writing applies only prospectively as of this writing pursuant to Botis v. Estate of Kudrick, N.J. Super. (App. Div. 2011); New Jersey App. Div., April 25, 2011.
Unmarried couples in New Jersey, who have cohabitated, may have certain rights and obligations to one another. While New Jersey law does not protect unmarried cohabitants' rights at the same level as it does married couples, it does offer some protection. A NJ lawyer can discuss all legal options with you and determine if you are entitled to receive New Jersey palimony.
If you are in a long-term relationship and your partner has made a promise, in a written agreement, to care for you for the rest of your life, you may have a viable claim for New Jersey palimony. New Jersey has begun to recognize the increasing number of unmarried cohabitating couples. As such, New Jersey palimony is more widely sought-after and awarded.
Requirements for New Jersey Palimony
In order for someone to be eligible for palimony, generally, a formal contract or agreement needs to have been executed. In order for this agreement to be deemed valid for NJ palimony purposes, each party must have independent counsel. A New Jersey lawyer will need to review and memorialize the support related promises made between the couple. In an NJ palimony case, testimony from both parties may be required for a judge to reach a proper determination regarding your New Jersey palimony matter.
Palimony versus Alimony
During a traditional New Jersey divorce, alimony is typically paid in weekly or monthly installments. Palimony, on the other hand, is paid in a lump sum amount. While alimony is based upon marital obligations, palimony is a purely contractual promise to provide on-going support upon the conclusion of a relationship.
New Jersey Palimony Lawyers
Whether you are filing for palimony or facing a palimony claim, the lawyers at Green & Associates will help you resolve your NJ palimony matters. While obtaining palimony can be difficult, a NJ lawyer will be able to review your case to determine if you have a viable claim for New Jersey palimony.
An undocumented palimony claim may no longer be viable in New Jersey. But here are other theories that might win the day : partition; unjust enrichment; constructive trust; promissory estoppel; breach of the covenant of good faith and fair dealing; interference with contractual/prospective economic advantage; conversion; theft; fraud-deceit-misrepresentation; abuse of process/malicious prosecution; Tevis; RICO; Sheridan;federal/state,wiretap/invasionofprivacy.
Common Tags: Palimony, Alimony, Cohabitation, New Jersey Palimony, palimony agreements, oral contract, promise of support.
Serving as New Jersey Divorce Lawyers all of New Jersey, including Middlesex County and Bergen County. Also serving East Brunswick, North Brunswick, South Brunswick, Monroe, Monroe Township, Old Bridge, Cranbury, Plainsboro, New Brunswick, Franklin, Sayerville, South River, Highland Park, Edison, South Amboy, Metuchen, Woodbridge, Piscataway, South Plainfield, Bridgewater, Bound Brook, Somerset, Middlesex.
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