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Does New Jersey Recognize Palimony?

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Nov 8, 2021

Does New Jersey Recognize Palimony?

Does New Jersey Recognize Palimony?

Around 7.5 million unmarried couples live together. Many of these couples have children and act as though they’re married besides lacking a legal agreement. But what happens when these couples split up?

In 2019, more than 700,000 couples divorced. You can reasonably assume the number of cohabitating partners who split up is similar to the divorce rate.

In some situations, palimony may be approved and enforced by the courts. But does New Jersey recognize palimony? Continue reading to find out.

What Is Considered Palimony?

Palimony is a claim for support between parties who aren’t married. Married partners are sometimes eligible for alimony, also known as spousal support. The core premise of palimony is the same.

However, palimony can’t be requested by just anyone. Generally, this claim is requested between parties who were living together as though they were married. Palimony is easiest awarded in states that support common-law marriages.

What Is the Law on Palimony?

New Jersey doesn’t usually recognize common-law marriages. In some states, people who live together for long periods receive the benefits of being married. This is what “common law marriages” means.

However, there are particular situations where the courts may reward palimony. For example, new statutes state there must be some form of the written agreement between the involved parties that states support will be given should the relationship fail. Additionally, each party must have gotten advice from independent lawyers.

These written agreements may be developed during the relationship itself. They may also, in certain cases, be created when the relationship is failing or has already failed. Receiving palimony relies heavily on the cooperation of both parties, but specifically, the one who will be giving support.

Who Is Entitled to Palimony?

Palimony is most often rewarded in cases where a couple has lived together for many years and has drastically different incomes. While palimony may be requested or offered in addition to child support, it is generally used for those without children.

Every case is different. For example, suppose a couple has a written agreement about support when the relationship ends and has children. In that case, the courts could potentially award both palimony and child support.

Does New Jersey Recognize Palimony?

New Jersey does recognize palimony in particular situations where requirements have been met. However, it’s rare for palimony to be rewarded since New Jersey doesn’t recognize common-law marriages. Therefore, no cohabitating couples are inherently obligated to pay or receive palimony.

New Jersey will recognize and enforce a palimony claim if the couple has a written, signed agreement. Each party must also speak with their lawyers about the agreement.

More Questions About Palimony in New Jersey?

In particular situations, the New Jersey courts will approve a request for palimony. However, since it isn’t a state where common law marriage exists, palimony is rare.

Do you still have questions about palimony in New Jersey? Contact Dalena & Bosch today. One of our family law attorneys will be happy to answer any questions or concerns you may have and guide you down the right path, assuring you the best outcome.

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