At trial the court rejected Ms. Kozlowski’s partner and joint venture theories of liability. The court further found that there was no evidence that she exercised any control over Mr. Kozlowski’s business. However, the court found an equitable remedy existed to compensate Ms. Kozlowski on her claims for payments for services rendered and for her claims for future support.
The case was then appealed. The New Jersey Supreme Court certified the case for review prior to it being heard by the Appellate Division. The New Jersey Supreme Court upheld the palimony award. The Supreme Court held that Mr. Kozlowski’s post-separation promise to support Ms. Kozlowski for the rest of her life is she resumed living with him was an enforceable contract. On the issue of damages, the Supreme Court held that Ms. Kozlowski was entitled to a one-time lump sum judgment in an amount based upon the present value of the reasonable support Mr. Kozlowski promised to provide. In summary, the Kozlowski case was the first New Jersey case to recognize any right of an unmarried cohabitant to obtain support from a former partner. This case opened the door for the legal acceptance of cohabitant relationships. Moreover, this case established the parameters for resolving disputes that arise from the termination of unmarried long term relationships.
7. I have lived with my companion for more than twenty years. He just recently dumped me for a younger woman. Can I now make an application with the family court for support?
Every case is different and stands on the particular set of facts in your given situation. However, in the seminal case of Crowe v. DeGioia, 90 N.J. 126 (1982), the New Jersey Supreme Court held that in some cases, an unmarried person in a long term relationship may seek temporary financial support from her former companion upon the termination of their relationship. The key issue is whether the parties had a support agreement between them.
In this New Jersey Supreme Court case the primary issue involved whether the family court had the authority to award temporary support when a long term unmarried relationship ends. The facts in the Crowe case concerned a long term relationship wherein the couple lived together for several decades. Ms. Crowe performed traditional homemaker functions such as cooking, cleaning, and caring for Mr. DiGioia when he was ill. She also helped him in his business ventures, and she accompanied him to social events. Meanwhile, Mr. DeGioia provided financial support for Ms. Crowe and her seven children from her prior marriage. Ms. Crowe was completely dependent on Mr. DeGioia, a wealthy man, for her and her children’s support. Upon combining their household, Mr. DeGioia agreed to provide for the entire family.
In 1980, twenty years after the start of the relationship, Mr. DeGioia informed Ms. Crowe that he was leaving her to marry a women who was twenty-two years younger then him. Mr. DeGioia promised to give Ms. Crowe a good settlement so that she would not be troubled with financial concerns. The settlement never came to be.
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