Bill > A4472

Introduced Session

This bill would allow written palimony agreements to be entered into without advice of counsel. Pursuant to P.L.2009, c.311, all palimony agreements must be in writing and made with the advice of counsel for both parties. The statute, set out in subsection h. of N.J.S.A.25:1-5, defines palimony as "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." In Moynihan v. Lynch, 250 N.J. 60 (2022) the New Jersey Supreme Court held that the provision concerning the advice of counsel was unconstitutional. The court found that the provision contravenes the substantive due process guarantee of the New Jersey Constitution, as it interferes with an individual's right of autonomy, singles out written palimony agreements from other agreements, and unduly burdens those who cannot afford counsel. This bill would codify the court's decision in Moynihan. The bill embodies a recommendation by the New Jersey Law Revision Commission, "Final Report Regarding New Jersey Statute of Frauds - Mandatory Attorney Review Provision in N.J.S.25:1-5(h)," issued July 20, 2023.

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Annette Quijano (D)*,  Julio Marenco (D), 

Introduced, Referred to Assembly Judiciary Committee (on 06/03/2024)

Official Document