(a) agreements between unmarried cohabitants that are not “explicitly and inseparably founded on sexual services†are enforceable; (b) New Jersey public policy does not condemn unmarried cohabitant relationships as “meretricious;†(c) married cohabitants are entitled to seek relief from the court, and this includes temporary support from their former partner; (d) cohabitation or “palimony†contracts are enforceable against the estate of a deceased cohabitant.
6. When was palimony established in New Jersey?
The seminal and the most famous palimony case in the country is Marvin v. Marvin, 18 Cal. 3d 660, 134 Cal. Rptr. 815 557 P. 2d 106 (1976). This case involved the late actor, Lee Marvin. In the Marvin case, the California court held that adults voluntarily living together and engaging is sexual relations can contract, like other individuals, concerning their earnings and property rights. The Marvin case established the concept of palimony. In the Marvin case, the parties have lived together for seven years, during which time the move star, Lee Marvin, earned substantial monies, of which his companion claim was based upon his alleged promise to provide for her financially for the rest of her life. She sued for breach of contract. The California court held that it would not treat the parties as in any sense married but would nevertheless consider whether some equitable remedy, such as quantum meriut should be applied to achieve a just result.
The seminal case that established palimony concepts and jurisprudence in New Jersey was Kozlowski v. Kozlowski, 80 N.J. 378 (1979). The Kozlowski decision was the first New Jersey case to recognize any right of an unmarried cohabitant to obtain support from a former partner under any circumstances. Here, the parties lived together as a unified family setting for approximately 25 years. During the cohabitation, Mr. Kozlowski’s wealth increased. He amassed various assets, including real estate, all of which was titled in his own name. Ms. Kozlowski, whose surname was quite coincidently the same as Mr. Kozlowski’s as a result of her prior husband’s name was generally ignorant of Mr. Kozlowski’s business affairs and was completely dependent upon him for all her needs and support. She had no possessions other than some clothing, personal effects, and some furs and jewelry was given to her as gifts from Mr. Kozlowski. While Mr. Kozlowski provided support for the couple and the children from prior relationships, Ms. Kozlowski performed traditional homemaker services such as housekeeping, shopping acting as a mother to the children, escorting and accompanying the defendant as her desired and serving as a host when necessary for his customer and business associates.
At one point during their relationship the parties separated, briefly. Mr. Kozlowski gave Ms. Kozlowski the sum of $5,000 after the separation. Moreover, Mr. Kozlowski had Ms. Kozlowski sign a release in consideration for which she acknowledged receipt of $5,000 in full satisfaction of all claims she might have against him. Apparently, within a week after the separation, Mr. Kozlowski sought Ms. Kozlowski out and pleaded with her to return. He promised that if she resumed living with him then he would take care of and provide fro her for the rest of her life. Despite more than one discussion on the topic of marriage, Mr. Kozlowski responded that a marriage license is only a piece of paper and that “it’s what is in the heart that really counts.†Ms. Kozlowski succumbed to Mr. Kozlowski’s plea and they resumed living together for another 10 years.
Mr. Kozlowski eventually dumped Ms. Kozlowski for a younger woman who was 30 years younger than him. Thereafter, Ms. Kozlowski sued on a number of equitable grounds. She claimed an entitlement to a share of the assets accumulated during the period living together based on a partnership and a joint venture theory. She sued for the value of services rendered based upon quantum merit, and for an express, implied contract. Finally, she also sued for the value of support for the rest of her life.
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