Morristown Palimony Attorneys
Palimony is monetary support from one partner to the other which may result from a marital-type relationship. Palimony is similar to alimony in function but, because it does not come from a legal relationship including marriage or a civil union, there is no statutory requirement that one party provide palimony to the other in the event of economic differences between the parties when the relationship ends through death or dissolution. Many couples now choose to live together without marriage, making palimony agreements a growing necessity in today’s society for those wishing to provide for their significant other.
What is required to receive palimony?
In the past, palimony agreements could be inferred by the parties’ circumstances. For example, if one party worked and the other contributed to the relationship by caring for the household, or even worked but earned substantially less income, and was supported in a certain lifestyle by the other party palimony could be inferred. The backbone of a palimony finding was the promise, by one party to the other, of future support in the event of death of a party or dissolution of the relationship.
The New Jersey Legislature has now dictated that in order to receive palimony, you must have a written agreement signed by the promising party and each party must have been represented by their own attorney in the negotiation of the agreement.
What if there is no written palimony agreement but promises of support were made?
In the event of a relationship beginning in advance of the enactment of legislation requiring a written agreement, there are legal arguments which may still be made for support. One example is a case in which the couple was together for many years then the supporting party became too ill or mentally infirm to enter into an agreement after years of promised support. A case may be made that the intent to provide for the other for life existed based on evidence such as whether the parties held themselves out publicly as being married, promises made in the presence of others and the like.
What it included in palimony?
You may be entitled to the home you shared, other real estate, a portion of a business or earnings from a business, investments, bank accounts and some, or all, of anything else the other party owned. What you are entitled to is determined by what is stated in the palimony agreement.
Unlike Alimony, Palimony is typically paid in a lump sum rather than monthly payments.
Your Northern NJ Palimony Law Firm
If you are entering into a living arrangement that includes long term support of one party by the other, you should memorialize your agreement in writing to ensure a clear understanding of what you each may expect from the other and also to ensure that, if the relationship dissolves, you will receive what you expected or not pay more than you expected. To discuss or create a palimony agreement, call 973-584-6200 now or click here to e-mail us.