December 19, 2016

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.

Read “You May Want to Escape NJ's Doctrine of Necessaries.”

The Faegre Baker Daniels website uses cookies to make your browsing experience as useful as possible. In order to have the full site experience, keep cookies enabled on your web browser. By browsing our site with cookies enabled, you are agreeing to their use. Review Faegre Baker Daniels' cookies information for more details.