Thereafter, Ms. Crowe brought an action against Mr. DeGioia seeking support, compensation for services she had provided to him, a share of his assets and counsel fees. In addition, Ms. Crowe sought temporary support as well. Mr. DeGioia responded that he never promised to support her for her life or agree to share his assets with her. Prior to addressing the pivotal contract issue, the court first granted Ms. Crowe’s motion for temporary support and it awarded her $125 per week in support, and the possession of the home. Moreover, the court barred Mr. DeGioia from disposing of his assets pending the financial determination of the case.
The case was eventually appealed up to the New Jersey Supreme Court. Here, the state’s highest court specifically held that a family court can award interim or temporary support in non-marriage cases. In the final outcome of the case, Ms. Crowe was awarded monetary damages based on a breach of contract theory. Moreover, the court ordered Mr. DiGioia to transfer title of the home to her. In summary, Ms. Crowe had a valid palimony contract claim against Mr. DiGioia.
8. I had a very long term unmarried relationship and my companion just recently died of cancer. I am entitled to make a claim for support against my companion’s estate?
It is not uncommon for many middle-aged couples to live together for years if not decades. Many men are very hesitant to get remarried especially if they have had a tumultuous divorce. Many people after they have experienced a bitter divorce realize that marriage is not a “bed of roses.†Moreover, many men are financially ruined after a divorce, and many more are still “shell shocked†from their divorce. Nonetheless, many people still enjoy the benefits of having a live-in companion, but prefer to avoid all of the legal entanglements that marriage entails. Consequently, in my experience I have found that many unmarried relationships actually last longer many marriages.
Another important issue is whether a person can make a claim against their deceased cohabitant’s estate. An illustrative case is In re Roccamonte, 174 N.J. 381 (2002). In this case the New Jersey Supreme Court held that agreements of support between cohabitants are enforceable against the deceased cohabitant’s estate. In summary, this case held that if unmarried cohabitants should make contracts for support, then such agreements are enforceable against the estate. Therefore, the survivor cohabitant can file a claim against their deceased partner’s estate.
These types of cases can be even more adversarial than a divorce case. The surviving cohabitant will most likely be battling with the children of their deceased partner. This type of case can become quite acrimonious. In all likelihood a probate judge will transfer a case to the family court if a deceased cohabitant files a claim against the estate.
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