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Scutari Measure To Require Palimony Agreements To Be Put In Writing Is Now Law

TRENTON – A measure sponsored by Senator Nicholas P. Scutari which would prohibit the enforcement of palimony agreements that have not been put in writing, has been signed by Governor Jon Corzine.

“This new law will help to clear up any disputes caused by the ‘he said, she said,’ that often surfaces after the dissolution of a relationship,” said Senator Scutari, D-Union. “The days of accepting a promise on a handshake, a wink and a nod are gone. The reality is that we live in a litigious society, and legislation like this will help clear up any confusion before cases are heard, by clarifying what is expected by each partner in the relationship.”

Senator Scutari’s bill, S-2091, provides that a promise of palimony is not binding unless it is in writing. The bill also requires both parties to receive independent advice of legal counsel before the agreement can become binding.

“The ending of a relationship, especially a long-term relationship, is difficult for all parties involved. This law simply puts into place a system for ensuring that, when it comes to palimony, a promise made is a promise kept,” said Senator Scutari.

This measure was approved by the full Senate on March 16, 2009, and it received final legislative approval from the Assembly on January 11, 2010. The law takes effect immediately.