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Wednesday, January 9, 2008

Rosemary Connell v. Edward Diehl

01-08-08 A-2331-05T5

We held in this palimony action that the supporting
person's sole ownership of assets accumulated during their
uninterrupted thirty-year cohabitation was not inconsistent with
a promise of support for life. We also held that the dependent
person was not required to prove that she expected any
remuneration for her efforts to contribute to their marital-type
lifestyle over the years. Finally, we held that a trial judge
in calculating a lump-sum palimony award is not required to
place the dependent person in the lifestyle she and the
supporting person enjoyed, but rather to provide reasonable
support sufficient to meet her minimal needs and prevent the
necessity of public welfare, and in doing so must consider
inflation in calculating the lump-sum award.