What is Palimony? Palimony is similar to alimony, only it is support for the supported partner or partner with less earning capacity after the termination of a longtime unmarried relationship.

Do unmarried people have to live together in order to prove a palimony contract? Recently, the New Jersey Supreme Court held that while a marital-type relationship may be needed to find a palimony implied contract, cohabitation (living together) is not a necessary part of such a relationship or palimony contract. This decision concerned many people, because they feared that individuals who were in long-term relationships may become unwittingly subjected to palimony obligations. That is, without intending to promise to provide support, some people may be required by courts to make palimony payments as though they had an implied contract, even if they do not live with their romantic partner.

Does the agreement have to be in writing? This fear prompted the New Jersey Legislature to pass a bill limiting palimony to written contracts. Now the courts may not enforce an oral agreement or an implied agreement to provide ongoing support at the end of the relationship.

Right now, it is not clear how the courts may decide cases involving unwritten palimony agreements made between unmarried people before the new palimony law was enacted.

Example: A couple lived together for 15 years and raised two children together before this new law was passed. That may have been sufficient to prove an implied contract for ongoing support before the new law. But it is not clear whether the new law will prevent courts from enforcing the provable implied contract or whether the law is limited to relationships entered into after the law was passed.

There may be a lawsuit filed with the court to challenge whether or not the new law violates our Constitution because it interferes with private oral or implied contracts that were formed before the law was enacted.

If you are living with someone but you are not married, and you expect your partner to support you financially even if the relationship ends or your partner dies, it is very important that you put any agreement or understanding that you have in writing.

Under the written palimony statute, palimony agreements must include the terms of the understanding. Here is a short checklist for your written palimony agreement:

• Include specific terms, such as what items or services are being promised in exchange for other items or services.
• Have an attorney review the agreement for you (each person should have his or her own attorney review the agreement).
• Sign the agreement (you and your partner should both sign).

It is not always easy to talk about the end of a relationship. But putting these things in writing helps both people to better know what to expect in case of a breakup or death.

This article includes comments from the May 2010 issue of Looking Out for Your Legal Rights^®.