CONTACT US

Palimony

Learn More About Palimony From Your Trusted Experts.
BACK HOME
READ BELOW

Unmarried Couples Seeking Palimony In New Jersey

Although the divorce rate in the United States has reached levels of 50%, or more in some areas, there are also long-term couples who choose to never get married but rather live together as individuals. In New Jersey, there was a time when unmarried couples who lived together were considered under common law marriage, but this law was abolished in 1939. Unfortunately, nowadays, when these couples split apart, the New Jersey courts have limited laws determining who should receive support. Because of this, experienced legal counsel in New Jersey is necessary to protect the rights and property of the individuals involved in the split. The Law Offices of Joanna D. Brick, Esq. have extensive experience with all kinds of palimony cases in New Jersey and as representation, will ensure your property and rights are protected.

Experience With NJ Palimony Cases Is Necessary

What is Palimony? The term is recognized by the courts with regards to financial support or division of property between unmarried couples. Because there are limited laws protecting unmarried couples when they split, it is important that you seek a highly experienced legal counsel to represent you. Joanna D. Brick, Esq. has helped resolve many unmarried individuals both defend against and pursue palimony cases when a separation or termination of the relationship occurs. Married couples have extensive legal rights when divorcing and unmarried couples in New Jersey do not have these same rights, which is why we offer representation for those seeking palimony and those whose spouse is seeking palimony.

New Jersey Palimony Laws

New Jersey’s palimony statute was updated in 2010 to fall under the statute of frauds. This means that in order to obtain palimony, both parties must agree to it in writing.

Seek Legal Assistance For Your Palimony Case

The Law Offices of Joanna D. Brick Esq. are highly experienced in all types of palimony cases, offering quality, personalized, and professional legal services out of its central office in Fair Lawn, New Jersey. We service Northern and Central New Jersey including Bergen, Essex, Morris, Union, Somerset and Middlesex Counties. Call our law firm today at 201-254-7530 to learn more about palimony.

BRICK LAW BLOG

Stay Informed

The current query has no posts. Please make sure you have published items matching your query.
Brick law team

Our Trusted Legal Team

Joanna Brick Esq.
Attorney
Jeffrey T. Vazquez
Paralegal
Isabela Ruiz
Paralegal
VIEW ALL
CONTACT US

Contact The
Brick Law Firm

We represent and mediate for clients of all asset levels, including high net worth individuals. To learn more about how we can help you, call the Brick Law, LLC, in Bergen County, New Jersey, at 201-254-0881

CALL US NOW

Frequently Asked Questions

Common questions about palimony in New Jersey, answered by Brick Law, LLC.

What is palimony in New Jersey?

Support paid between unmarried partners based on a promise of support made during the relationship. It is a contract claim rather than a form of alimony, and it does not arise merely from living together, however long the relationship lasted.

Are palimony claims still allowed in New Jersey?

Yes, but the requirements tightened significantly. A 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), requires a palimony agreement to be in writing, signed by the party to be charged, and made with the independent advice of counsel for both parties.

What about promises made before 2010?

In Maeker v. Ross the Supreme Court held that the 2010 amendment does not apply retroactively. An oral palimony promise made and relied upon before the amendment took effect may still be enforceable under the law as it stood at the time it was made.

Does living together create a common-law marriage in New Jersey?

No. New Jersey abolished common-law marriage in 1939. Cohabitation, however long, creates no marital rights to equitable distribution, alimony or a share of a partner’s estate. Rights between unmarried partners come from contract, joint ownership or parentage.

How can unmarried couples protect themselves?

Put it in writing. A cohabitation agreement, drafted with independent counsel on both sides, can address support, property bought together, contributions to a home held in one name, and what happens on separation or death — the same certainty a prenuptial agreement gives spouses.

Do unmarried parents have the same custody rights?

Yes. Custody, parenting time and child support are determined by the same standards regardless of whether the parents ever married. Parentage may need to be established first, by acknowledgment or court order, before those rights can be enforced.

Have a question that is not answered here? Contact Brick Law, LLC or call (201) 254-0881 to speak with a Bergen County family law attorney.

This information is general and about New Jersey law. It is not legal advice and does not create an attorney-client relationship. Every case turns on its own facts.

Disclaimer ⚠️

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.