Prior to the year 2010, the New Jersey courts had treated the law of palimony quite liberally with respect to a promise by a person in an unmarried relationship to provide support to the other for the remainder of her life. In Kozlowski v Kozlowski, 80 NJ 378 (1979), the court concluded “that the judicial barriers that may stand in the way of a policy based upon fulfillment of the reasonable expectations of parties to a non-marital relationship should be removed,” and that express or implied agreements involving promises for support for the rest of one’s life were enforceable. As explained in In re Estate of Roccamonte, 174 NJ 381 (2002), Kozlowski “recognized that unmarried adult partners, even those who may be married to others, have the right to cohabit in a marital-like relationship, and if one of those partners is induced to do so by a promise of support given her by the other, that promise will be enforced by the court.” (Crowe v. DeGioia, 90 NJ 126 (1982), the court held that temporary relief was available based on the principles announced in Kozlowski.)

In Roccamonte, the court reiterated that “the promise may be either expressed in words or implied by conduct or both,” was premised on principles of contract and the promise of support, was enforceable against the promisor’s estate and could be honored through the award of a lump sum payment.

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