Saturday, June 30, 2012
NJ Palimony Claims
In order to win a palimony claim in New Jersey, you must have a written agreement evidencing the intent of the supporting party to continue to support the supported party after the termination or the relationship or on the death of the supporting spouse. Previously the parties were permitted to prove the intent to support by evidence of their lifestyle, including holding themselves out to the public as husband and wife. In Cavalli vs. Arena, the NJ Court decided, in January 2012, even if a parties' relationship began prior to the amendment of the statute, in 2010, they must still have a written agreement if support is intended in order to win a palimony suit by the supported party against the supporting party or the supporting party's estate. Prior to this holding, it was unclear as to whether the statute would apply to relationships beginning before the 2010 statute change. If you are in a long-term, non-marital relationship in which you intend to support your partner or anticipate the support of your partner, you should insure there is a written agreement in place evidencing your intent. You should have the assistance of an experienced family law attorney to assist you with this agreement in order to insure you comply with the statutory requirements. If you have an agreement, you should consult your family law attorney on a regular basis to insure there have been no statutory changes which would render your agreement invalid. For more information on palimony, alimony, dissolution of a marriage or civil union or other family and matrimonial matters in New Jersey visit HeatherDarlingLawyer.com.