In January 2010, on his way out of office, Governor Corzine signed a bill requiring palimony agreements to be in writing. We previously blogged on the enactment of that law. The question that arose is whether the bill was prospective in nature or whether it applied retroactively. At a seminar I attended in May, I heard a judge say that the policy at that time was to only allow cases to proceed if they had been filed before the enactment of the statute. Conversely, even if the palimony promise had been made pre-statute, if the law suit was not filed, it would be dismissed.
As noted on the front page of the July 19, 2010 New Jersey Law Journal, there are several motions now pending in the Appellate Division, including one filed by this firm, addressing whether there should be retroactive application of the statute. A judge in Atlantic County has held that the statute should be retroactively applied. Judges in Monmouth and Somerset Counties came to the opposite conclusion.
When the issue is resolved one way or another, we will update this blog.