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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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Supreme Court of New Jersey Imposes Constructive Trust to Avoid a Spouse Being Unjustly Enriched by Avoiding Equitable Distribution of Deferred Compensation

On December 12, 2016 the Supreme Court of New Jersey decided the case of Thieme-v-Aucoin-Thieme, regarding equitable distribution and/or the use of a constructive trust in a post-judgment dispute over deferred compensation paid to one spouse after the parties’ divorce. In this case, the Plaintiff/Husband had been employed by a…

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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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