{"id":390,"date":"2010-11-04T15:36:14","date_gmt":"2010-11-04T15:36:14","guid":{"rendered":"http:\/\/badaboem.hein.ms\/?p=390"},"modified":"2012-07-31T13:26:32","modified_gmt":"2012-07-31T13:26:32","slug":"new-palimony-statute","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=390","title":{"rendered":"The Impact of the “new” Palimony Statute Still Unknown"},"content":{"rendered":"

\"\"<\/p>\n

By Partner T. Sandberg Durst<\/span><\/p>\n

Sandy Durst, Esq., is a partner with the Princeton firm of Lynch, Osborne, Gilmore & Durst, and LLC where he heads the Family Law Department.\u00a0 \u00a0Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter.\u00a0 Each case is given the personalized attention it deserves.<\/em><\/p>\n

As discussed in the recent posting by the New Jersey Law Journal, the true impact of the NJ Palimony statute remains to be decided. Retroactive application would be grossly inequitable and it is hoped that the Court proivdes guidance on this point. NEW PALIMONY STATUTE OF FRAUDS’ RETROACTIVITY AT ISSUE ON APPEAL Against a backdrop of conflicting trial court rulings, a New Jersey appeals court is poised to decide whether the state’s year-old statutory ban on oral palimony agreements is retroactive. On Dec. 13, the Appellate Division will hear arguments in Botis v. Estate of Kudrick, a dispute over a revision to the statute of frauds, N.J.S.A. 25:1-5(h), that requires an agreement by one person to provide support to another during or after a “non-marital personal relationship” be put in writing after both parties are advised by counsel. The law, signed by Gov. Jon Corzine last Jan. 18, 2010, stated that it “shall take effect immediately,” but it is unclear whether that meant it applies only to agreements struck after that date or also to longstanding agreements that are sought to be enforced after that date. The difference is especially critical where the alleged promisor is dead.<\/p>\n","protected":false},"excerpt":{"rendered":"

By Partner T. Sandberg Durst Sandy Durst, Esq., is a partner with the Princeton firm of Lynch, Osborne, Gilmore & Durst, and LLC where he heads the Family Law Department.\u00a0 \u00a0Individuals facing a divorce benefit from the combination of legal … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":534,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[27],"tags":[],"class_list":["post-390","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-durst-on-divorce"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/thedurstfirm.com\/wp-content\/uploads\/2010\/11\/palimony-news.jpg","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-6i","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1325,"url":"https:\/\/thedurstfirm.com\/?p=1325","url_meta":{"origin":390,"position":0},"title":"NJ Supreme Court to clarify the law on palimony","author":"Sandy Durst","date":"September 24, 2014","format":false,"excerpt":"Palimony - financial support when the parties are not married - is an available claim under NJ law.\u00a0 However, the right was greatly restricted by an amendment to the statute of frauds which required a written document or agreement in order to enforce or impose a palimony claim.\u00a0 The amended\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1183,"url":"https:\/\/thedurstfirm.com\/?p=1183","url_meta":{"origin":390,"position":1},"title":"Court recognizes flaws with revised NJ palimony law","author":"Sandy Durst","date":"September 19, 2013","format":false,"excerpt":"Those advocating for wholesale alimony reform would be well served by examining the disastrous, but entirely foreseeable, consequences of the recently revised law concerning palimony in New Jersey.\u00a0 This experience should serve as a warning to what can happen when we allow the law to be changed due to political\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1327,"url":"https:\/\/thedurstfirm.com\/?p=1327","url_meta":{"origin":390,"position":2},"title":"Oral palimony agreements may still be valid & binding","author":"Sandy Durst","date":"September 25, 2014","format":false,"excerpt":"As yesterday's post indicated, the NJ Supreme Court was scheduled to release its decision in the case of Maeker v. Ross today.\u00a0 Just moments ago, the decision was released and it is a reasonable, logical and fair opinion.\u00a0 While a more in-depth analysis will be forthcoming, the decision is god\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1331,"url":"https:\/\/thedurstfirm.com\/?p=1331","url_meta":{"origin":390,"position":3},"title":"NJ Supreme Court preserves pre-2010 palimony claims","author":"Sandy Durst","date":"September 26, 2014","format":false,"excerpt":"On September\u00a025, 2014 the New Jersey Supreme Court clarified the law on the issue of palimony in the state of New Jersey when they rendered their decision in the matter of Maeker v. Ross. While many practitioners will be familiar with the concept of alimony, the topic of palimony is\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2865,"url":"https:\/\/thedurstfirm.com\/?p=2865","url_meta":{"origin":390,"position":4},"title":"Palimony: what is it?","author":"Sandy Durst","date":"March 5, 2024","format":false,"excerpt":"As a follow-up to our last post on alimony, we provide this brief discussion on the related topic of palimony. While similar in purpose, there are some crucial differences and the particular facts and circumstances of each case are critically important. Palimony is a term used to describe support payments\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1222,"url":"https:\/\/thedurstfirm.com\/?p=1222","url_meta":{"origin":390,"position":5},"title":"The debate over NJ alimony reform continues","author":"Sandy Durst","date":"December 2, 2013","format":false,"excerpt":"If you have followed this blog, the Facebook page for The Durst Firm, LLC\u00a0or my twitter posts from @divorcelawyernj you know by now that while I recognize some measure of reform may be necessary to the current NJ alimony statute, I strongly oppose the \"reform\" bill A3909.\u00a0 The bill is\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/390","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=390"}],"version-history":[{"count":7,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/390\/revisions"}],"predecessor-version":[{"id":531,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/390\/revisions\/531"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/media\/534"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=390"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=390"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}