The Roccamonte case stands for the principle that the right to palimony apparently survives the death of the partner who made the contract or promise. In the Roccamonte case the court held that an unmarried partner could recover money from the estate of her deceased male partner who died without preparing a will. The court further found that the promise that he had made to support her for life was to be honored with funds from his estate, just like any other unpaid debt left behind after his death.
9. I was involved in a long term relationship with my companion. After living with my companion for more than twenty years he dumped me for a younger woman. I am aware that I am not entitled to all of the legal protections of a marriage. However, are there any other types of relief that I can pursue in court?
The New Jersey courts do not recognize unmarried partners for the purposes of support or equitable distribution. However, the courts have provided limited relief based on the theories of contract and trust law to the partners who dissolve a relationship. For example, there may be a legal obligation to provide support based on an express or implied contract. A family court may find that a contract existed to avoid any type of an “unjust enrichment†type situation.
New Jersey courts under certain circumstances will enforce express or implied contracts between unmarried parties who have lived with one another for a long period of time. The courts often seek to find some theory, such as implied contract, partnership, quantum merit or constructive or resulting trust to provide some equitable relief to the dependent party when there is a long term unmarried relationship and it ends. However, it must be emphasized that our courts still are not willing to treat these relationships as common law marriages to grant the parties to them all of the benefits if marriage.
10. Has any progress been made in the law with regard to protecting the rights of unmarried persons in a long term relationship?
Yes. Some recent legislative enactments have tended to create some balance between married and unmarried patterns. The amended New Jersey court rules provide that all family matters, including support actions between unmarried cohabitating adults, are to be decided in the Family Part of the Chancery Divisions. The comments to the amended rule 5:1-2 state:
It is the apparent intent of the Rule to include within this category of undefined family actions support and property claims among persons who constitute their relationship in a manner comparable to marriage but who are not married to each other. Presumably this category will include unmarried cohabiting adults whether or not of the same sex and children who are part of their households.
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