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N.J. Supreme Court Considers Palimony for Longtime Mistress

Posted Jan 23, 2008, 10:05 am CST
By Debra Cassens Weiss

The longtime mistress of a New York City ophthalmologist is contending their relationship—which never involved cohabitation—makes her eligible for palimony.

New Jersey has allowed actions for palimony by those cohabiting with a partner in long-term relationships. The plaintiff in the new case, Helen Devaney, resided in a New Jersey apartment purchased by the physician, France L'Esperance, but never lived with him during their 20-year relationship because he was married, the New Jersey Law Journal reports.

Devaney’s lawyer, JoAnne Juliano Giger, asked the New Jersey Supreme Court in oral arguments yesterday to extend palimony protection to her client.

Giger argued palimony is warranted because L'Esperance had often promised he would divorce his wife and marry Devaney, the story says. But when L’Esperance and Devaney broke up, he kicked her out of the apartment, leaving her with dim financial prospects, Giger said.

"This was more than a boyfriend-girlfriend relationship," Giger told the justices. “This was her entire adult life, her child-bearing years. She was spurred on by Dr. L'Esperance's promises.”

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