Bill Text: NJ S2553 | 2014-2015 | Regular Session | Introduced
Bill Title: Makes retroactive current law requiring "palimony" agreements to be in writing; provides that pre-existing palimony agreements are unenforceable unless put into writing within one year of enactment of this bill.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Engrossed - Dead) 2015-11-09 - Received in the Assembly, Referred to Assembly Judiciary Committee [S2553 Detail]
Download: New_Jersey-2014-S2553-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
Co-Sponsored by:
Senators Sarlo and Sweeney
SYNOPSIS
Makes retroactive current law requiring "palimony" agreements to be in writing; provides that pre-existing palimony agreements are unenforceable unless put into writing within one year of enactment of this bill.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning palimony and supplementing chapter 1 of Title 25 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A promise by one party to a non-marital personal relationship to provide support or other consideration for the other party, either during the course of such relationship or after its termination, that was made prior to January 18, 2010, the effective date of P.L.2009, c.311, is not binding unless it complies with the requirements of subsection h. of R.S.25:1-5.
b. Any such promise is binding only if it is reduced to writing, and signed by the party to be charged therewith, or by some other person thereunto by him lawfully authorized, and was made with the independent advice of counsel for both parties, within one year of the effective date of this section.
2. This act shall take effect immediately.
STATEMENT
P.L.2009, c.311, enacted January 18, 2010, required that any "palimony" agreement must be in writing to be enforceable. The enactment amended R.S.25:1-5 to provide that a promise by one party to a non-marital personal relationship to provide support or other consideration to the other party, either during the course of such relationship or after its termination, is not binding unless it is in writing and was made with the independent advice of counsel for both parties.
In Maeker v. Ross, 2014 N.J. LEXIS 910, decided September 25, 2014, the New Jersey Supreme Court held that the Legislature did not intend the enactment to retroactively apply to palimony agreements made prior to the effective date of the enactment, and that such pre-existing palimony agreements are enforceable even if they were never put into writing. This bill would address the court's decision by clarifying that P.L.2009, c.311 is intended to be retroactive. This bill provides that palimony agreements made prior to January 18, 2010, the effective date of P.L.2009, c.311, would be enforceable only if they are brought into compliance with P.L.2009, c.311 within one year of the effective date of this bill.
