Richard S. Diamond Family Law Blog on Lawyers.com

For reasons unknown to this writer, while the economy continues to falter and unemployment continues to skyrocket, the New Jersey senate has focused its energies on rewriting the laws of this state on the subject of Palimony, requiring all agreements between unmarried cohabitants to be in writing to be enforceable.

As such, regardless of whether you are gay or straight, if you are  living in a family-type relationship with another person and relying on promises of support and asset accumulation with your partner, you need to get it in writing or else those promises will mean nothing.

Ironically, the seminal case in New Jersey dealing with the topic of Palimony acknowledged that unmarried cohabitants living together without the benefit of marriage rarely put their promises down in writing. Yet, our supreme court 30 years ago, acknowledged that if a partner makes promises that the other partner relies upon to her financial detriment, that the court system can provide a remedy. By legislation, New Jersey has decided to abolish that concept and safety net.

Query: If a couple has been living together for the past 20 years without the benefit of marriage, with one partner staying home to raise the children while the other was out advancing his career, why would our legislature feel the need to step in to their lives and say that absent an agreement in writing, the partner who stayed home has no claim for palimony (support or the sharing of assets  accumulated)  since there is nothing in writing between them ?

The New Jersey court system is not overwhelmed by palimony claims. They are expensive to bring and judges are well qualified to consider the unique facts and circumstances of each case. This bill if passed by the Assembly will take away the rights of individuals who would otherwise be entitled to claim support, and may signal the end of palimony claims in New Jersey. Any erosion of legal rights is one that is extremely troubling.

In the meantime, if you are in a long-term relationship or cohabiting with another, then a lawyer should be consulted in order to make sure that there is a written agreement in place that protects your future rights.

This post was previously published on my New Jersey Divorce Law Blog.  For a consultation on any New Jersey family law matter please contact me at 973 379 9292. Further information on the law firm of Diamond & Diamond, P.A. can be found on our web-site.