ELIZABETH, N.J., March 20 (UPI) -- A New Jersey judge refused Thursday to throw out a claim that former Gov. Jim McGreevey defrauded his wife by marrying her when he knew he was gay.

Union County Superior Court Judge Karen Cassidy dismissed another claim, of emotional distress, The Star-Ledger of Newark reported. Cassidy found that McGreevey did not intend to harm Dina Matos McGreevey when he married her.

"This case does not rise to the level of infliction of emotional distress," Cassidy said. "McGreevey was not out to destroy her emotionally. There was no intent to hurt the defendant."

The McGreevey marital breakup has been under way for well over three years, starting when the governor announced his sexual orientation and his resignation at a news conference in 2004. Matos McGreevey contends that her husband deceived her because he needed a wife as political cover.

Cassidy sealed all records involving the couple's daughter, Jacqueline, earlier in the week.