Before 2010, palimony agreements, including those that were made orally, were enforceable under New Jersey common law. However, the New Jersey Legislature amended the state's Statute of Frauds and required palimony agreements to be in writing and with the advice of counsel. Recently, the Supreme Court of New Jersey issued a decision in Moynihan v. Lynch, No. A-64-20, 085157 (N.J.S.Ct. March 8, 2022), after granting certification from the Appellate Division to determine the constitutionality of the requirement for both parties to a palimony agreement to have the advice of independent counsel.

Factual and Procedural Background

Kathleen Moynihan and Edward Lynch began their relationship in 1997 while Moynihan was working as a flight attendant and Lynch was working as an airline pilot. At the time, Moynihan was going through a divorce and lived with her children in Mansfield. Following her divorce in 2000, Moynihan's former husband stopped paying the mortgage. Facing foreclosure, Moynihan and her children were forced to move.