Palimony

Does New Jersey recognize common law marriage?

No. New Jersey stopped recognizing new common law marriages in 1939. Living together, even for many years, does not create the legal rights of a marriage.

We never signed anything. Can I still make a palimony claim?

It depends on when the promise of support was made. For promises made in 2010 or later, a written, signed agreement is generally required. For promises made before 2010, an oral or implied agreement may still be enforceable, depending on the facts.

Do we need lawyers to sign a palimony agreement?

Under current New Jersey law, attorney review is no longer a requirement for a written palimony agreement to be enforceable. Even so, having independent counsel review the agreement is the best way to make sure it says what you intend and will hold up later.

Do we have to have lived together?

Living together is often an important part of the picture, but it is not the only factor courts consider. What matters most is what was promised and whether a valid agreement exists.

My partner and I own a home together. What happens if we split up?

Jointly owned property is handled differently for unmarried couples than for spouses. Read about palimony and owning a home in New Jersey.

Can unmarried couples sign an agreement similar to a prenup?

Yes. A written cohabitation or palimony agreement can address property, shared expenses, and support. Putting it in writing now is far easier than litigating it later.