A case recently brought before the N.J. Supreme Court has once again raised legal issues associated with the concept of palimony. Palimony is a term referring to “equitable recovery” for situations where two parties have a long-term, spousal-type relationship but are not married to each other. In previous decisions, the qualifying condition for palimony was cohabitation - living together was the key piece of evidence which demonstrated the nature of the parties’ relationship. Without it, there was considered to be no obligation of support from one party to the other.
However, in L’Esperance v. Devaney, the court faces the question of whether to award palimony to Helen Devaney, the mistress of Dr. France L’Esperance for some 20 years. Devaney claims that, although they were not living together, it was due to L’Esperance failing to fulfill his promises to divorce his wife and marry Devaney. She claims that she was drawn into a dependent relationship because of the support he gave and promised to give. Lawyers for L’Esperance argue that it is impossible for a married man to have a marital-type relationship with another woman and the responsibility for her life choices rests on Devaney’s shoulders and equated an award of palimony to allowing Devaney to “profit” from the situation.
Lower courts have ruled in favor of L’Esperance, bringing the case before the Supreme Court.
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