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Articles Posted in palimony

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Use of Cohabitation Agreements to Protect Unmarried, Cohabiting Romantic Partners Upon Separation

In modern society, it is common for unmarried couples to live together without being married.  When an unmarried cohabiting couple separates, however, the rights to equitable distribution and alimony does not exist.  No matter how long an unmarried couple has lived together, they do not have the legal rights and…

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Supreme Court of New Jersey Addresses Debate Over Enforcement of Premarital Promise to Share in an Asset

For many years Palimony actions were proliferating. Spurned on by the original landmark palimony case filed against actor Lee Marvin by his former girlfriend in California. palimony actions gave hope that people (usually women) in long term relationships without marriage would have some financial rights when the romantic relationship went sour.…

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New Jersey Appellate Division Applies the Fugitive Disentitlement Doctrine to Family Law Case Involving Custody

Earlier this month, the New Jersey Appellate Division took up the issue of whether or not a litigant living as a fugitive outside the United States has standing to challenge a default judgment entered by the trial relating to custody and support. The case of Yvietta Matison v. Mark Lisantary,…

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NOT SO FAST II: THE BATTLE OVER THE ENFORCEABILITY OF ORAL PALIMONY AGREEMENTS CONTINUES

Almost 2 years ago I wrote a series of blogs discussing the viability of palimony claims in the State of New Jersey in light of a January, 2010 Amendment to the Statute of Frauds (N.J.S.A. 25:1-5(h)), requiring that for any promise by one party in a non-marital personal relationship to…

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A Promise Is A Promise

In 2013 this firm addressed in this blog our State’s view on Palimony on three occasions. First, in “The State Of Palimony in the State of New Jersey“, Karen Willitts outlined the general law of palimony before and after the 2010 amendment to the “Statute of Frauds”, N.J.S.A. 25:1-5(h) which…

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Not So Fast: The Obituary of Palimony’s Demise May Be Premature

Only several months ago I wrote a blog discussing the then state-of-the-law in New Jersey in regards to palimony and the ability of unmarried cohabitants to enforce unwritten promises of support.  I noted that the recent Appellate Division case of Maeker v. Ross, 430 N.J. Super 79 (App. Div. 2013),…

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TO MARRY OR NOT TO MARRY – IS THERE STILL A QUESTION?

Whether at family gatherings, cocktail parties or making small talk at the gym, when people learn I am a divorce lawyer, they often question whether it makes sense to get married in today’s society, that it is “just a piece of paper”, and that people can simply “shack up” if…

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The State of Palimony in the State of New Jersey

We often hear about palimony when celebrities are involved.   One early notorious palimony case was the palimony litigation between actor Lee Marvin and his paramour, Michelle Triolla, which was in litigation for several years in California after Ms. Triolla (who adopted the surname Marvin) contended that she cohabited with Mr. Marvin…

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