Palimony – You gotta love it!

In Bayne v. Johnson, [A-0974-061T1], decided on October 27, 2008, the NJ Appellate Division overturned the trial court’s decision granting Palimony to the long time live in girlfriend of the married defendant. In what can only be described as “unusual facts,” in 1978, Earl Johnson then 41 married Carolyn Johnson then 61. Earl had been married three times before, and Carolyn, the beneficiary of an 11 Million dollar trust, (which paid her between $200,000. and $300,000. per year) had been married six times previously. Carolyn had three children, (none of whom she got along with) and was fearful that one of them, was planning to have her declared incompentent so as to take control of her trust. (Perhaps the kids were right!) Thus, the marriage between Carolyn and Earl was one of convenience, and they agreed to live separate lives, with Carolyn bankrolling Earl’s numerous and largely unsucessful businesses. Indeed in 1981, while Carolyn and Earl lived in the Bahamas he began a relationship with Bayne who was (of all things) an airline stewardess. Eventually Earl rented an apartment for Bayne, telling her that he lived with and cared for his elderly ill aunt who did not want anyone else living in the apartment.
Eventually they all moved to Florida, where again, Carolyn and Earl lived together in one apartment and Bayne in another which was paid for by Earl, using his wife’s funds.

In the mid 1980’s Bayne started pressuring Earl to marry her, but he put her off. Eventually when she discovered that Earl’s “elderly Aunt” was actually his wife, he claimed that it was not actually a true marriage, and promised that he would “take the next step,” after he could ensure that his wife would be taken care of financially!

Subsequently, the trio moved from place to place, following the path of Earl’s business attempts and failures. At times they lived in one apartment with Bayne caring for Caroline.

Despite Earl’s poor business acumen, they were able to live well on Caroline’s trust fund income. In 1996, Bayne, contributed $10,000. which she had borrowd from her mother, towards a Condo in North Bergen. Earl contnined to have business problems, and by 2000, Bayne had enough, and moved back to England, still not having secured a marriage committment from Earl.

In 2004, Bayne sued Earl for palimony, fraud, unjust enrichment and conversion of the monies she contributed towards the North Bergen Condo. After an 8 day trial in Hudson County, Judge Maureen Sogluizzo found that there had been an enforceable agreement and that Bayne was entitled to a judgment of almost $400,000. for paimomy.

Unfortunately for Bayne, the NJ Appellate Division thought differently and reversed Judge Sogluizzo, finding “Palimony is the enforcement of a broken promise made for futute support. It is not recompense for years spent in a failed relationship nor an economic substitute for opportunities that may have been lost of expectations that were unfulfilled.” All Bayne ended up with was an equity interest in the North Bergen Condo!

Bayne v. Johnson will be digested in the NJ Superior Courts reporter, and may be accessed here: http://lawlibrary.rutgers.edu/courts/appellate/a0974-06.opn.html