Bill
Bill > A1986
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
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.
AI Summary
This bill amends a New Jersey law that requires certain promises or agreements to be in writing to be legally enforceable, specifically addressing "palimony agreements," which are defined as a promise by one party in a non-marital relationship to provide support to the other party. Previously, such written palimony agreements were only considered binding if both parties had the independent advice of their own legal counsel, a requirement established by a 2009 law. However, this bill removes that mandatory attorney review requirement for written palimony agreements, aligning with a recent New Jersey Supreme Court decision that found the requirement unconstitutional because it unfairly burdened individuals who couldn't afford lawyers and infringed on personal autonomy. The bill essentially codifies this court ruling, allowing written palimony agreements to be valid without the necessity of each party having consulted with their own lawyer.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/A1986 |
| BillText | https://pub.njleg.gov/Bills/2026/A2000/1986_I1.HTM |
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