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2003 N.J. Law. 45 (2003)
Survey of the Enforceability of Cohabitation Agreements in New Jersey, A

handle is hein.barjournals/nwjrylr0047 and id is 271 raw text is: A Survey of the Enforceability of
Cohabitation Agreements in New Jersey
by Theresa E. Julian
Unmarried persons are as free to cohabit and engage in committed, long-term
relationships as married persons. However, the rights of unmarried cohabitants
upon the termination of a relationship differ significantly from those afforded
married persons at the termination of a marriage. New Jersey law does not
protect the interests of unmarried cohabitants to the same degree as it protects
the interests of married persons. Statutory law in particular offers little, if any,
relief to those unmarried coha itants whose rlato nships come to an end.
or example, it is well
settled that awards of
alimony are limited to
cases of divorce or
nullity, and equitable
distribution is restrict-
ed to cases of divorce.' No such
statutory framework exists to
guide unmarried couples through
support and asset distribution dis-
putes. Likewise, counsel fee awards
are prohibited except where
divorce, nullity, support, alimony,
custody, visitation, equitable dis-
tribution, separate maintenance
and enforcement of interspousal
agreements are at issue. Fee
awards are expressly forbidden in
cases to enforce agreements
between cohabitants, despite the
fact that such cases most often
coenty Images  address family-type matters nearly

NEW JERSEY LAWYER I August 2003   45

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