This year, the Supreme Court of New Jersey released three notable decisions in the area of family law, two of which stemmed from the matrimonial arena. In Maeker v. Ross, 219 N.J. 565 (2014), the court addressed whether the legislature, in passing the 2010 Amendment to the Statute of Frauds, intended to render oral palimony agreements that predated the Amendment unenforceable. In Gnall v. Gnall, __ N.J. __ (July 29, 2015), the court addressed the analysis that a trial court must utilize in awarding alimony and whether a bright-line rule, based on the length of the parties’ marriage, can exist for the purpose of awarding permanent alimony or limited duration alimony. Finally, in Department of Children and Families v. E.D.-O., __ N.J. __ (Aug. 20, 2015), the court addressed a trial court’s role in determining whether a parent’s conduct presents an imminent risk of harm to the child.

In Maeker v. Ross, the court reversed the Appellate Division and reinstated the decision of the trial court, holding that the 2010 Amendment to the Statute of Frauds does not render palimony agreements that predate it unenforceable. While other issues, such as whether equitable forms of relief would be available in the absence of such an oral agreement, were raised in light of their holding, they were not addressed by the court. Also, in holding that the oral agreement was enforceable because it predated the amendment, the court did not find a need to deal with the applicability of the amendment to palimony agreements formed after its enactment.

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