equity

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

October 20, 2017 | James P. Yudes, Esq.

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. Palimony served a useful social function to level the proverbial social playing field once the concept of “common law marriage” was eliminated. For Palimony created legal right of support in situations were there was no legal marriage but there was a promise of support. Continue reading ›

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

December 27, 2016 | Karen T. Willitts, Esq.

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. Continue reading ›

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

June 5, 2015 | Kevin M. Mazza, Esq.

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 provide support to the other person to be enforceable, that promise had to be both in writing and made with independent advice of counsel for each of the parties. In one of my previous blog posts: “TO MARRY OR NOT TO MARRY – IS THERE STILL A QUESTION?”, Continue reading ›