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Court: Cohabitation Unneeded For Palimony
Tuesday, 17-Jun-2008 9:44PM United Press International
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TRENTON, N.J., June 17 (UPI) -- A valid claim for palimony may exist even if an unmarried couple never lived together, the New Jersey Supreme Court ruled Tuesday.

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Thc court, ruling in the case of a woman who had a 20-year affair with her married boss, found that the essential element is not cohabitation but "a marital-type relationship" with a promise of support. But the justices unanimously rejected Helen Devaney's claim on the grounds that her relationship with Francis L'Esperance Jr. was, as the original trial judge put it, "a dating relationship."

The relationship began when Devaney went to work as a receptionist for L'Esperance when he was 51 and she 23. She said that over the years he promised to leave his wife, marry her and have a child with her.

L'Esperance paid for Devaney's education, including a master's degree, bought her a car and paid for the condo where she lived. He evicted her when she began seeing someone else.

The court found that L'Esperance's promises were general and that the couple never socialized with his family and friends or presented themselves as married.

The ruling has the same practical conclusion as those by lower courts, although the high court reversed an appeals court finding on cohabitation.

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