Rivkin v. Postal

2001 WL1077952 (2001)

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Nature of the Case

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Facts

P and D met, and they became romantically involved even though D knew that P had three children and a wife. P eventually bought a house in a Memphis suburb where the couple lived together. In early 1995, D discovered she was pregnant with P's child. Shortly after their child was born, P sold the house in Memphis, and the parties moved to Williamson County because they believed that P would have greater success as a producer in the Nashville area. P was the parties' sole source of support, and he was able to provide an exceptionally affluent lifestyle for D and their child despite his continuing obligations to his wife and children. P purchased a $420,000 home in Williamson County and horses for D. He also hired a nanny for the child. D did not work outside the home but rather spent her time raising the parties' child, training her horses, and entertaining her personal friends and P's business associates. D insisted that P buy her an engagement ring to enable her to save face with her family. D ordered the ring on her own, which P eventually paid for. D told her parents that she and P were planning to wed after he was divorced, and P did not contradict her. However, the parties themselves never discussed specific wedding plans. D levied child abuse charges against P and P was forced to move out. P was eventually cleared of charges. P divorced his wife in 1997 and saw D only once and a while but continued to pay for all her expenses. P eventually filed for a partition of the property and the return of his personal property in D’s possession. D counterclaimed for breach of a promise to marry. The court gave D $150,000 for damages for the breach and divided the proceeds from the sale of the home.