In 1976, in Marvin v. Marvin, the California Supreme Court ruled that actor Lee Marvin was financially obligated to support his live-in lover indefinitely, regardless of the fact they had never married. The term palimony was coined by one of the attorneys on the case. Today, while many New Jersey couples cohabit without the benefit of marriage, the law has evolved to protect the financially vulnerable partner when these relationships end, just as if a lawful marriage existed.

A recent case in New Jersey reminds couples that palimony is serious business.

In March, the Superior Court of New Jersey upheld a decision to award Michelle Gelinas a significant lump sum plus legal fees in one of the state’s largest palimony cases. Gelinas v. Conti dragged on for 25 years before the final decision issued. Mr. Conti was ordered to pay palimony based on the couple’s original agreement that clearly showed Conti’s promise to provide permanent financial support to Gelinas and the child they shared.

In today’s rapidly changing partnership landscape, couples who choose to live together without the benefit of marriage are able to enjoy many of the advantages a married couple has, including health care proxy and power of attorney rights, depending on the state of residence. As the court demonstrated in Gelinas, an unmarried spouse-equivalent may be entitled to financial support for life, but a court may not enforce the same award against the estate of a deceased (former) partner.

As our population ages, partners — married or unmarried — are increasingly concerned with estate planning, medical, long term and critical care issues, and the distribution of retirement benefits — including military and government pension plans.

Even fertility issues are grist for the mill: in the event of easy divorce, what becomes of frozen sperm or fertilized embryos originally stored with the intent to be later used by a no-longer-intact couple?  Issues containing such ethical complexities become even more complex when the couple has no clear legal status.

The experienced family law attorneys at Hanan M. Isaacs, P.C., encourage couples, married or not, to clarify their legal arrangements via properly considered and executed agreements. We are “compassionate counsel and tough advocates”.  If you are uncertain how to proceed, please call our offices at 609-683-7400 — or contact us online today to schedule a near-term consultation.  We accept all major credit cards (except Amex) and have flexible midweek and evening appointments for your convenience. Call today.