In their last voting session of the current session, New Jersey lawmakers passed legislation requiring palimony agreements to be put into writing if they are to be enforceable. The Assembly gave final approval to the new law, S-2091, by a vote of 51-19 vote, with opposition coming primarily from Democrats who argued that it would harm those who do not control the finances in a relationship. The State Senate had passed the bill in a 21-14 vote in March last year.

The chief sponsors, Senators Nicholas Scutari, D-Union, and Gerald Cardinale, R-Bergen, introduced the legislation after the state Supreme Court held, in Devaney v. L’Esperance , 195 N.J. 247 (2008), that cohabitation is not an essential element for a cause of action for palimony but that a marital-type relationship is required. An earlier ruling in In re Estate of Roccamonte , 174 N.J. 381 (2002), held that an implied promise of support for life was enforceable.

Governor Corzine has not taken a public position on the measure.

Source:  New Jersey Law Journal