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.
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