You May Want to Escape NJ’s Doctrine of Necessaries
By Lisa Presser and Megan Cannella
Princeton partner Lisa Presser and Florham Park associate Megan Cannella wrote an article for the New Jersey Law Journal titled, “You May Want to Escape NJ’s Doctrine of Necessaries.” Lisa and Megan discuss New Jersey’s common law “doctrine of necessaries,” which creates liability for the debts of a spouse under certain circumstances, known as “necessaries.”
A “necessary” is considered any good or service that benefits one or both spouses, such as clothing and the cost of hospital and medical care. Lisa and Megan cover the history and modernization of the doctrine, requirements for collection under the doctrine and the doctrine as it relates to last illness expenses.
Lisa and Megan also note that Florida has abolished its doctrine of necessaries, where many New Jersey “snowbirds” residents retire. While the doctrine of necessaries may not be motivation enough on its own, it may serve as an additional factor to consider when contemplating a change in domicile.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
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