Most unmarried couples probably give little thought to their legal rights should the relationship end (either by breakup or death of one of the parties). They might be surprised to learn that a state that was once quite receptive to palimony claims can decide to effectively bar such claims. Couples in New Jersey are about to learn this lesson. The state legislature is considering a bipartisan bill which would require palimony agreements to be in writing and be signed by the party against whom the claim is brought.
The bill, which is expected to pass unopposed, reflects a drastic shift in the state’s approach to palimony agreements. New Jersey courts currently enforce express (oral or written) or implied promises of financial support so long as there is some form of consideration sufficient to form a contract. The New Jersey Supreme Court is also the only state supreme court to hold that “cohabitation is not an essential requirement for a cause of action for palimony,” a requirement in all other states. By requiring palimony agreements to be in writing, the state most favorable to palimony claimants may become one of the most hostile to such claimants.