| If you are unmarried, but your companion has made promises of support, this may interest you.
In New Jersey, unmarried adult partners sometimes cohabit in a marital-type relationship because one partner has promised to support the other. Where one of the partners is induced to enter or to remain in the relationship because of the promise of support, courts will sometimes enforce the promise.
A recent decision of the Appellate Division of the Superior Court is instructive.
In this case, a woman moved into her partner's townhouse and he introduced her thereafter as his wife. She decided to give up her position as an associate in a law firm. Her partner encouraged her to open her own law practice, although she earned significantly less working from his townhouse. They planned to marry and he promised to take care of her for the rest of her life. When he suddenly died after injuries in a basketball game, his estate sued to evict her from the townhouse and she counterclaimed to enforce the promise of support.
YOU BE THE JUDGE: Where parties live together, is a promise of support enforceable?
The Appellate Division held that a plaintiff seeking palimony must show the parties cohabited in a marriage-type relationship for a significant time and that, during that time, plaintiff detrimentally relied on a promise of support.
The relationship under review by the court had only lasted two and one-half years. The court found that was insufficient to serve as consideration for a promise of support.
The court noted, too, that the woman's decision to move into the townhouse, to live with her partner there and to leave her position as an associate in a law firm were induced by her affection for him and not by his promise of support. His death was a significant loss, but she was not left destitute since she had received economic support from her partner during his lifetime.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation. |
