Miscellaneous

Palimony without cohabitation?

By Walter Olson, Ted Frank, and David Nieporent

Through the rise of palimony law, courts in New Jersey have laid out a bright line against its being awarded in cases where a couple did not live together. Now, however, the state's high court is being urged to overturn that rule and open the door to claims for compensation by a broader class of romantic partners (Michael Booth, "N.J. High Court Hears Pitch for Palimony Sans Cohabitation", New Jersey Law Journal, Jan. 23). Two years ago an appellate judge upheld the bar to recovery:

"Without such a bright-line requirement, the concept of 'marital-type' relationship is unacceptably vulnerable to duplicitous manipulation," Judge Jose Fuentes wrote in Levine v. Konvitz. "Requiring cohabitation also provides a measure of advance notice and warning, to both parties to a relationship, and to their respective family members, that legal and financial consequences may result."

(Michael Booth, "Despite 70-Year Romance, Palimony Is Denied for Lack of Cohabitation", NJLJ, Feb. 17, 2006).

Full post as published by Overlawyered on February 08, 2008 (boomark / email).