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Palimony In New Jersey

The laws in New Jersey regarding a divorce are relatively easy to understand. When two people are married and choose to get a divorce—no matter if it is a relatively friendly divorce or a contentious one—they will be educated by their attorneys in understanding the process. When people who have been married divorce, in many cases there is alimony awarded to the person who needs to have support. Spousal support can be awarded for either a finite period or an extended period. The amount of support awarded varies based on need, skills and abilities of the supported person to find a self-supporting job, whether there are children in the relationship, and the lifestyle the person has grown accustomed to.

But what about people who are not married, but have lived together in a domestic partnership? If the relationship ends, what are the options for a person who would receive alimony if there were a legal marriage? The answer is palimony.

What Is Palimony?

money and gavel

Palimony is similar to alimony only it applies to people who were living as a couple in a way that would fit within the confines of the definition of a marriage, but they did not actually get legally married. Palimony may be argued as necessary when such a relationship ends.

For palimony, the agreement will have to be in writing for it to be an option, but there is the possibility that an oral promise can be argued as a reason to award palimony. If there is evidence that the couple were living together as a couple and married in every way but in the legally recognized fashion by the state, palimony is a possibility. Because of the absence of marriage, palimony can be challenged even if the couple had an oral or written agreement that assets accumulated during the relationship would be shared.

Who Qualifies For Palimony In New Jersey?

paper family cut in two

Before moving forward with a palimony case, questions must be asked and answered regarding the relationship. For example, how long did the relationship last? If the relationship was clearly a longstanding one in which the couple lived together for a decade, then it will be easier to convince a court that there is some kind of compensation similar to alimony due to the member of the couple who is in need of support following the termination of the relationship.

Were there written or oral agreements concerning the relationship? If there were agreements made, it will make it easier to receive palimony. A written agreement is the best bet for someone who is hoping to receive palimony to get it. In the event that one member of the household was supporting the other and this arrangement was agreed to in writing, there is a good chance of receiving palimony. When there is a written agreement, there must be legal advice provided independently to both parties.

Whether or not the individual requesting palimony is or is not able to support him or herself can be a mitigating factor in receiving palimony. With children as part of the relationship, it adds another important point as to whether payments will be made.

Speak To A Qualified NJ Attorney About Palimony

If you or a loved one have been part of a longstanding relationship without being officially married in New Jersey and are seeking palimony after the end of the relationship, it is imperative to speak to the attorneys at the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey. When involved in a relationship that might involve palimony after the relationship ends—whether you have the promise of support in writing or not—it is important to speak to an attorney to know the laws regarding palimony.

Whether you are in Monmouth County, Ocean County or any other area of New Jersey, the attorneys at Villani & DeLuca, P.C. can help you with your palimony case. Call 732-751-4991 today for a FREE consultation and advice.

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.