Devaney v. L'ESPERANCE

949 A.2d 743, 195 N.J. 247, 2008 N.J. LEXIS 609
CourtSupreme Court of New Jersey
DecidedJune 17, 2008
DocketA-20 September Term 2007
StatusPublished
Cited by11 cases

This text of 949 A.2d 743 (Devaney v. L'ESPERANCE) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Devaney v. L'ESPERANCE, 949 A.2d 743, 195 N.J. 247, 2008 N.J. LEXIS 609 (N.J. 2008).

Opinions

Justice WALLACE, JR.,

delivered the opinion of the Court.

In this appeal, we determine whether cohabitation is an indispensable element of a cause of action for palimony. Plaintiff and defendant were involved in an intimate relationship. During the course of their twenty-year relationship, defendant, who was married, continued to live with his wife and never cohabited with plaintiff. However, he promised to divorce his wife, marry plaintiff, and have, a child with her. Defendant’s promises were not fulfilled and his relationship with plaintiff eventually ended.

Plaintiff filed a palimony complaint against defendant, asserting a breach of a promise to support her for life. The trial court denied relief because the parties essentially had a dating relationship rather than a marital-type relationship that was needed to support a palimony claim. The Appellate Division affirmed solely because the parties never cohabited. We granted certification to address whether a party may prove a cause of action for palimony absent cohabitation.

We hold that cohabitation is not an essential requirement for a cause of action for palimony, but a marital-type relationship is required. Because there was sufficient evidence for the trial court [249]*249to conclude that the parties’ relationship was not a marital-type relationship to support a palimony action, we affirm the judgment.

I.

The following evidence was presented at trial. In 1983, plaintiff, Helen Devaney, then twenty-three years old, began working for defendant, Francis L’Esperance, Jr., as a receptionist for his ophthalmology medical practice. At that time, defendant was fifty-one years old and had been married to his current wife for approximately twenty years. Plaintiff and defendant embarked on a romantic relationship. Although plaintiff was aware that defendant was married, she believed that he would divorce his wife.

In the beginning of their relationship, plaintiff lived in a variety of places, all of which were rented in her own name and mostly self-financed. At some point, defendant began paying plaintiffs telephone bill and gave her money for various other things. Plaintiff, however, remained largely self-sufficient during this period of their relationship. She continued working for defendant in various capacities, at first full-time, and then part-time.

For about ten years, plaintiff and defendant saw each other regularly and would spend vacations together. However, when the parties were not traveling, they rarely stayed overnight together. Defendant frequently had dinner at plaintiffs house, but he invariably returned home to his wife.

Plaintiff testified that defendant repeatedly told her that he would divorce his wife and marry her. In 1993, plaintiff terminated her employment with defendant and pursued educational opportunities. Shortly thereafter, plaintiff moved to Connecticut. A year later, she moved to Seattle, Washington, where she remained for approximately three years. Plaintiff testified that her decision to move was based primarily on defendant’s unfulfilled promise to divorce his wife. During her stay in Seattle, plaintiff frequently spoke by telephone with defendant and requested money from him. Defendant would send her approximately four hundred [250]*250dollars a month to cover her incidental expenses. During the time that plaintiff lived in Seattle, defendant visited her six or seven times.

In 1997, defendant asked plaintiff to return to the East Coast. Plaintiff testified that defendant promised that he would “make things right” by divorcing his wife, marrying plaintiff, and having a baby with her. She testified that she agreed to move back after defendant showed her a separation agreement that was signed by both defendant and his wife. Plaintiff also testified that defendant promised to buy her a home.

Plaintiff returned to New Jersey in 1997, and moved into a North Bergen condominium that defendant leased for her. In 1999, defendant purchased the condominium unit and plaintiff continued to reside there. Defendant also purchased a car that plaintiff used; gave her money for various expenses; and paid for her undergraduate and graduate education. Plaintiff ultimately received a Master’s degree.

Despite the increased support that defendant provided to plaintiff, the parties saw each other no more than two or three evenings at the condominium for dinner each week and sometimes one day on the weekend. During the seven years that plaintiff lived in the condominium, defendant spent only six or seven nights there.

In 2003, the parties considered having a child together. However, at some point, plaintiff learned that she would have difficulty conceiving a child. Defendant also changed his mind about wanting to have another child in August 2003 and conveyed that to plaintiff.

Finally, defendant told plaintiff that he wanted to discontinue the relationship. Plaintiff continued to live in the North Bergen condominium, and in December 2003, she began a relationship with another man. In February 2004, defendant attempted to visit the condominium when plaintiff’s new boyfriend was present, but defendant was denied entrance by plaintiff.

[251]*251Shortly thereafter, defendant sought to remove plaintiff from the condominium and filed an action for ejectment. Eventually, the trial court granted defendant possession of the condominium and the judgment was affirmed on appeal.

Plaintiff filed a complaint for palimony in October 2004, and defendant filed an answer. Following discovery, a bench trial was held. The Family Part judge issued an oral opinion in which she denied plaintiff’s complaint for palimony. The judge found that defendant had made “general promises” to plaintiff that he would take care of her and that “things would work out,” and that plaintiff used those promises to sustain her belief that they would eventually live together. Further, although over the years plaintiff became financially dependent on defendant, defendant never promised to provide plaintiff with lifetime financial support.

The trial judge rejected plaintiff’s contention that the parties entered into an implied agreement for support, and citing In re Estate of Roccamonte, 174 N.J. 381, 808 A.2d 838 (2002), found that such an agreement requires that the parties have entered into a “marital-type” relationship. The judge cited several factors that contributed to her conclusion that the parties’ relationship was not akin to a marriage. The judge considered that the parties had not cohabited, had not spent significant periods of time together, and had not demonstrated an intention to commingle property. The judge also found that although defendant did visit with plaintiffs family, the parties did not hold themselves out to the public as husband and wife and plaintiff did not attend social gatherings with defendant’s friends, family, or colleagues.

In addition, the judge found that plaintiff’s contributions to the relationship were not similar to those a wife would make in a marriage. Although plaintiff provided defendant with companionship and helped with some of his personal and business matters, the judge found no evidence that those actions were more than a typical dating relationship. Finally, the judge denied plaintiff’s request for counsel fees because the equities weighed against such an award.

[252]*252Plaintiff appealed.

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Devaney v. L'ESPERANCE
949 A.2d 743 (Supreme Court of New Jersey, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
949 A.2d 743, 195 N.J. 247, 2008 N.J. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devaney-v-lesperance-nj-2008.