Recent Developments

Summary:

Palimony is an equitable type of support awarded when
a long term non-marital, but spousal-type relationship between unmarried
parties terminates. This remedy is intended to achieve substantial justice in
light of the realities of the relationship. It is significant for all
non-married partners to consider.

“You’ve Come A Long Way Baby”.  That is not only a great slogan for
Virginia Slims, but aptly describes the evolution of palimony. In the landmark
1976 California case, Marvin v. Marvin, 18 Cal. 3d 660,   Lee Marvin, star of  file “The Dirty Dozen”, had his laundry washed in public
when he broke off his relationship with ex-dancer Michelle Triola. The two had
lived together in Marvin’s Malibu pad from 1964 – 1970. Triola won a settlement
based on a theory of implied contract. She provided homemaking and other
services to Marvin, and he and impliedly agreed to provide for her.  In a recent New Jersey case, Devaney
v. L’Esperance, A-20-07, the court
found that palimony could be awarded even if the couple didn’t live together. Palimony
has come a long way baby!Now your paramour doesn’t even have to live with
you to fleece you! Up until recently you would know if you were in the mix for
this claim if your lover moved in. But, this recent New Jersey court decision
has broken the precedent set in almost every other court by holding that a
palimony claim might succeed even if your paramour never occupied your secret
pied-a-Terre.  Cohabitation is,
according to the court in Devaney v. L’Esperance, only one of the many factors to consider. To
win such a palimony claim, you ex-paramour still has to prove that the two of
you maintained a marital type of relationship, and that there were promises of
support.  That promise, however,
can be express, or implied. The moral of this tale is if you have a
relationship you need a living together agreement.