Therefore, the court rules now expressly provide that unmarried cohabitants can file support actions in the family court.
11. How can I file a palimony lawsuit?
A palimony lawsuit is really more like a lawsuit for the breach of a contract than a lawsuit for divorce. In contract lawsuits the plaintiffs are asking for money damages. Lawsuits for money damages are normally filed in the Law Division of the Superior Court. However, the family court is now the proper place to file a lawsuit for palimony. This is because a palimony lawsuit arises out of a “family-type†relationship, and it is considered best to have this type of a case decided by a judge with expertise in family law.
If palimony requests are made after a partner dies, then the case may need to be filed in the probate part of the Superior Court. This is where cases involving the estate of a person who has died are filed. If this happens, the judge assigned to the case has the power to simply transfer the case to the family court.
There are no specific court rules or statutes that provide directions as to what a written complaint in a palimony lawsuit should look like. However, the complaint should contain the following information:
- Enough facts to show that the plaintiff and defendant have been living together for a reasonably long time;
- A description of the living arrangements between the parties, including a list of the types of services that the plaintiff performed for the defendant;
- A description of the promise or contract made to support the plaintiff for life;
- An explanation of how the promise and/or contract was broken; and
- A request for financial or monetary support.