In 1998, Beverly Maeker and William Ross began a romantic relationship while both lived in Brooklyn, New York. The following year, Maeker moved into Ross’s home while maintaining ownership of her condominium where her son from a former marriage continued to reside. From the time they began living together until their separation in 2011, Ross financially supported Maeker by paying for all of her living expenses, the mortgage and upkeep of her condominium, and her son’s college education. In return, Maeker performed all of the duties requested of her, including cooking, cleaning, companionship, homemaker duties, and caring for Ross when he was ill. The couple later moved to Bedminster, New Jersey, where they rented a house together and held themselves out to the world as a family unit.
During their thirteen-year relationship, Ross repeatedly promised that he would financially support Maeker over the course of her lifetime. In the latter part of 2001, based on those promises, Maeker abandoned her twenty-year career in the architectural glass industry. In December 2010, Ross executed a written power of attorney authorizing Maeker to manage and conduct all of his financial affairs. That same month, Ross executed a written will naming Maeker the executor and trustee and leaving sufficient funds for her comfortable support and maintenance. On July 1, 2011, Ross ended their relationship by moving out of their joint residence, cutting off all ties to Maeker, and terminating all financial support.
Maeker filed a complaint in the Chancery Division, Family Part, Somerset County, seeking enforcement of their oral palimony agreement and asserting additional legal and equitable theories of relief, including partial performance, unjust enrichment, quantum meruit, quasi-contract, equitable estoppel, and fraud. Ross moved to dismiss the complaint pursuant to Rule 4:6-2(e) on the ground that the 2010 Amendment to the Statute of Frauds bars enforcement of all oral palimony agreements. The family court denied Ross’s motion to dismiss. The court permitted Maeker to proceed on all her claims and awarded her pendente lite relief and attorney’s fees.
The Appellate Division granted Ross’s motions for leave to appeal and to stay the trial court’s decision, then reversed and dismissed Maeker’s complaint with prejudice. Maeker petitioned for certification, which this Court granted. The Court also granted the motions of the New Jersey Chapter of the American Academy of Matrimonial Lawyers and the New Jersey State Bar Association to participate as amici curiae.
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