Legal Question in Family Law in New York

fully supported by boyfriend for 2 years and left

My boyfriend of two years who fully supported me has recently seperated from me. During that time I never worked and had a lavish lifestyle. We had agreed that i would have my apartment for the full lease term, with an extension until february. There was also a car that was given to me as a x-mas gift that was to be mine until the end of the lease term (around jan. 2006). i was kicked out of my apartment, had to pay for the move, the car was taken a month after i paid him 2,500 for 6 months of insurance and he refuses to return the money. Although i was given some money during the brakeup most of it has gone back to him one way or another. This man is extremely well off and i don't believe that i have been treated fairly. I was abused during the relationship, asulted in a night club after the break-up and fear that this will continue.

I would appreciate your input on this subject.

Sincerely,

--name removed--


Asked on 11/11/04, 12:13 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: fully supported by boyfriend for 2 years and left

I congratulate you in pushing a destructive person out of your life. However, I recommend that you address your financial issues as soon as possible. You are not the first woman I have worked with who has been in this situation. My first statement is: address your financial issues pro-actively and aggressively now.

Regarding your legal issues, there is more than one way to analyze this situation. Contract law is helpful and your companionship to business functions would be very helpful here in establishing that you had an agreement whereby he would provide financial compensation and you would make him look good/powerful/charming in business situations.

a second contract basis is the break-up agreement. Here, you promise to accept the break-up and make no demands upon him if he provides financial compensation for a period of time.

The situation also has 'Family law' connotations. If you co-habited/accompanied him to family functions/ similar facts; then it can be argued that you have legal status under family law.

The facts you have given are not adequate to offer conclusions. But I will say that the break-up contract is a strong basis for a legal action. That contract can be proved and established by oral evidence (although, of course, lawyers prefer signed, witnessed, notarized, etc written contracts). The absence of a written contract does not prevent a contract from being legal contract and being enforced.

You are welcome to a free consultation.

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Answered on 11/11/04, 12:37 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: fully supported by boyfriend for 2 years and left

MOVE ON, and stay away from him! It's over. Your EX boyfriend does not have an "legally" enforceable obligation to continue to support you.

NY does not have "palimony" laws, to protect essentially "illicit" relationships.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 11/11/04, 12:50 pm


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