It is based on the 2007 documentary short film of the same name about police officer Laurel Hester's fight against the Ocean County, New Jersey Board of Chosen Freeholders to allow her pension benefits to be transferred to her domestic partner after being diagnosed with terminal cancer.

Following her diagnosis with terminal lung cancer in 2005, Hester repeatedly appealed to the county's board of chosen freeholders to have her pension benefits passed on to her domestic partner; she was eventually successful.

[6] Screenwriter Ron Nyswaner announced his intention in 2010 to write a feature-length adaptation of Cynthia Wade's 2007 Oscar-winning short film Freeheld, a documentary about New Jersey police officer Laurel Hester's fight against the Ocean County, New Jersey Board of Chosen Freeholders to pass on her pension benefits to her domestic partner, Stacie Andree, after being diagnosed with terminal cancer.

[8][10] He first became involved after two of the film's producers, Stacey Sher and Michael Shamberg, sent him a copy of Wade's documentary and asked if he was interested in starring in an adaptation, an offer which he accepted "right away".

[15] The shoot was later relocated to the city hall of Rye, New York, which stood in for the Ocean County Administration Building[16] in a scene where Hester and Andree apply for domestic partnership.