Articles
Articles in the ‘Palimony’ Category
Palimony, Statutory Amendment, Applied Prospectively
The Appellate Division determined the 2010 statutory amendment to N.J.S.A. 25:1-5(h) (statute of frauds) requiring palimony agreements to be in writing applies only prospectively. Botis v. Estate of Kudrick, N.J. Super. (App. Div. 2011); New Jersey App. Div., April 21, 2011
Alternatives to Palimony Claims
Palimony claims may no longer be available in New Jersey in the absence of a written agreement promising support. The law requiring a written agreement did not eliminate other legal and/or equitable theories such as partition; unjust enrichment; constructive trust; promissory estoppel; breach of the covenant of good faith and fair dealing; interference with contractual/prospective economic advantage; conversion; theft; fraud-deceit-misrepresentation; abuse of process/malicious prosecution; Tevis; RICO; Sheridan; federal/state wiretap/invasion of privacy. Lauredan v. Lorvanis, New Jersey App. Div., July 19, 2010
Palimony Claims only Enforceable with Written Agreement
As one of his official last acts as Governor, John Corzine signed a new law on January 18, 2010 making palimony claims only enforceable if there is a written agreement between the parties.
Palimony Claim Rejected
Financially dependent partner filed a complaint for palimony and other equitable relief based on parties having lived together for over 10 years. There were 2 children born of the relationship.
