Palimony

Palimony in New Jersey: Financial Support for Unmarried Couples

When a long-term unmarried relationship ends, one partner may seek financial support from the other. This is known as palimony in New Jersey. Unlike alimony awarded in divorce cases, palimony is based on promises or agreements made during a marital-like relationship and is subject to strict statutory requirements designed to protect both parties from unfounded claims.

At Gebhardt & Kiefer, P.C., our experienced Hunterdon County family law attorneys have deep knowledge of palimony and the broader legal issues that arise when unmarried couples separate. Whether you are pursuing a palimony claim or defending against one, we provide clear, strategic guidance tailored to your unique circumstances. New Jersey law has evolved significantly in this area, making experienced counsel essential.

The 2010 Palimony Reform and Current Legal Standards

In 2010, the New Jersey Legislature amended the Statute of Frauds (N.J.S.A. 25:1-5) to require that any agreement to provide palimony or support to a former unmarried partner must be in writing, signed by the party making the promise, and that both parties must have received independent legal advice from an attorney before signing. This landmark change was affirmed by the New Jersey Supreme Court in Maeker v. Ross (2014), which held that the writing requirement applies prospectively but preserved certain pre-2010 oral agreements under limited circumstances.

This reform significantly raised the bar for enforcing palimony claims. Without proper documentation and legal counsel at the time the promise was made, many claims are now difficult or impossible to prove. Our attorneys help clients understand these strict requirements and take proactive steps—whether drafting enforceable cohabitation or palimony agreements or litigating disputed claims.

How We Protect Your Interests in Palimony Matters

Our family law team handles all aspects of palimony and related claims for unmarried couples, including:

• Drafting and reviewing palimony, cohabitation, or support agreements to ensure full enforceability under current law
• Litigating or defending palimony claims in Superior Court when agreements are disputed or absent
• Coordinating with forensic accountants and other experts when complex asset or income issues arise
• Addressing intertwined issues such as division of jointly owned property, child support, custody, and parenting time (handled separately but often in the same proceeding)
• Negotiating creative, tax-efficient settlements that protect your financial future

Frequently Asked Questions About Palimony in New Jersey

What is required for a valid palimony agreement?

It must be a written contract signed by the supporting party, with both individuals having received independent attorney advice prior to execution. Oral promises made after 2010 are generally unenforceable. 

Can I pursue palimony without a written agreement?

Generally no for promises made after the 2010 amendment. Pre-2010 oral agreements may still be enforceable depending on the facts and evidence—our attorneys can evaluate your specific situation in detail. 

How is palimony different from alimony?

Palimony arises from contractual promises between unmarried partners; alimony is a statutory remedy available only in divorce or dissolution cases and is based on 14 specific factors under N.J.S.A. 2A:34-23. 

Does a palimony claim affect child support or custody determinations?

No—those are separate legal issues decided under different standards (best interests of the child for custody/parenting time; New Jersey Child Support Guidelines for support). However, they frequently arise in the same family court proceeding.

Palimony and related claims for unmarried couples carry lifelong financial and emotional consequences. Let the experienced family law attorneys at Gebhardt & Kiefer guide you through every step with skill and compassion. Call us today at 908-735-5161 to schedule a confidential consultation. We have proudly served New Jersey families since 1884.