Palimony is the division of financial assets and real property on the termination of a personal relationship wherein parties are not legally married. Our lawyers work with clients to negotiate the uncoupling of the unmarried parties and the handling of their financial matters.
Frequently Asked New Jersey Palimony Questions
What is palimony in New Jersey?
Palimony is a type of financial support ordered by a court and paid between individuals who are unmarried, but who lived together and usually shared a marital-like relationship. An award of palimony will only be made if there was an agreement between the two individuals for support. Prior to January 18, 2010, such agreements could be made orally or in writing. Beginning January 18, 2010 in New Jersey, such agreements were required to be in writing and entered into with the advice of counsel.
How is palimony calculated?
An obligation to pay palimony derives from the contract or promise between the two individuals. Therefore, any palimony obligation will be largely based on the terms (i.e. amount, duration, etc.) agreed upon by the parties. If a court does not find a promise or contract existed between the parties, whether oral or written, then there will be no palimony awarded.
Are there such things as palimony agreements?
Yes. Effective January 18, 2010, the New Jersey legislature required that all palimony agreements going forward must be in writing. Such agreements must be entered into with the advice of counsel and signed by the individual who will be charged with the palimony obligation. Prior to January 18, 2019, such agreements could be enforced even if only made orally.
Who qualifies for palimony?
A person who lives in a marital-like relationship with another and enters into a promise or contract for support with that person, will qualify for financial support in the form of palimony. Effective January 18, 2010, this promise or contract must be made in writing, with the assistance of counsel, and signed by the person responsible for paying palimony.
Do children have any impact on palimony?
An argument could be made for the increased need for palimony if two individuals share children. In that case, the possibility of having children or the existence of children should be factored into the parties’ agreement for palimony. However, factoring children into a palimony award is not a requirement. Child support is a separate form of financial relief allocated specifically to children.