Articles in the ‘Palimony’ Category
In what may be interpreted as another nail in the palimony claim coffin, the Appellate Division determined that in 2010 the legislature amended the Statute of Frauds to provide that a palimony claim [a promise by one unmarried party to provide support to another] must be in writing, signed by the party sought to be charged. The decision clarifies statute’s bar applies, no matter when the alleged promise to support was undertaken, if the claim was filed after January 18, 2010, the effective date of the enactment. Maeker v. Ross, N.J. Super. (App. Div. 2013); February 4, 2013
The Appellate Division upheld the trial court’s lump sum palimony award to the plaintiff in the amount of $483,832.80, together with 20% of the property and bank accounts. Kozikowska v. Wykowski, New Jersey App. Div., September 26, 2012
Where the parties’ relationship predates the amendment to N.J.S.A. 25:1-5(h) (statute of frauds) requiring an enforceable palimony claim to be in writing and the case is filed thereafter the trial court granted the application to dismiss the action. Cavalli v. Arena, N.J. Super. (Ch. Div. 2012); New Jersey Ch. Div., May 1, 2012
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
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
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.