Do You Need A Written Agreement To Get Palimony?
- June 24, 2013
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In order to get a court to award you financial support known as “Palimony” from your former lover, even if you lived together, verbal promises of support are not enough under the new law in New Jersey. You will need to show the Court a formal written “cohabitation” or “Palimony” agreement which addresses the division of property, support, the division of joint debts, possible custody and/or parenting time issues if there are children, as well as other relevant issues. The courts look to the 2010 amendments enacted by the state legislature to the “statute of frauds” (N.J.S.A. 25:1-5) which created the requirement that in order for a “palimony” promise or agreement to be valid in this state, it must be in a signed written document and entered into with the advice of independent counsel for both parties, much like a pre-marital agreement. If you are contemplating living with your significant other, as is becoming more popular in New Jersey, who has promised to continue to take care of you “forever,” and you do not want to get married or enter into a civil union, you should enter into a formal written agreement to protect your future rights to support, and for both real and personal property, in the event you break up or in case your partner passes away. If you want to establish a formal “palimony” or “cohabitation” agreement in New Jersey then you should consult with an experienced NJ family lawyer. For more information about palimony agreements, cohabitation agreements, child custody, visitation, divorce, child support or any other type of family law matter in New Jersey please visit HeatherDarlingLawyer.com. This blog is for informational purposes only. It is not intended to replace the advice of an attorney regarding your specific matter.