You Can Keep Trying But NY Will Not Recognize Non Marital Promises To Support


When Fabien Baron promised to care for Malin Ericson, for the rest of her life even if they ever broke up without the benefit of a wedding ring, Malin should have checked with her lawyer before believing her man.
The promises  to support his girlfriend if they ever broke up are unenforceable. The girlfriend is not entitled to “equitable distribution” of the assets acquired during the relationship.

Justice Ellen Gesmer ruled that such statements as "I will always take care of you" and "everything that we put in, we will enjoy together" do not constitute legally binding promises.
"Indeed, even if [the defendant] had made an explicit promise that, upon separation, [the plaintiff] would be entitled to 'equitable distribution' of their assets, it would be unenforceable, as it would be contrary to the long-standing law and policy in New York that unmarried partners are not entitled to the same property and financial rights upon termination of the relationship as married people," Justice Gesmer wrote in Ericson v. Baron.
Without a marriage there is no basis for a claim of support. Judge Gesmer noted that “Unless and until the law imposes equitable distribution on unmarried couples, in New York, as least, the legal status of marriage remains vitally important to establishing the economic rights of members of a couple."