What Is Palimony?
The word "palimony" is a combination of the words "pal" and "alimony" - basically, it refers to payments or financial arrangements between members of an unmarried couple after the relationship ends. The concept arose in the 1970s from a court case involving a woman attempting to receive financial support after her relationship with her live-in boyfriend ended.
The California Supreme Court ruled that, because the couple was not legally married, laws governing the division of property and assets did not apply to them. Since then, standards have arisen for determining whether or not someone is entitled to palimony when a non-marriage relationship ends.
Non-Marital Agreements/Living Together Contracts
The good news for unmarried couples who decide to live together is that, since the issue of palimony entered the public consciousness, legal provisions have been made to allow people to protect their assets if they don't want to or legally cannot marry their partners.
By creating a "non-marital agreement" (sometimes called a "living together contract"), you can outline what will happen to your money and property in the event of a breakup.
Divorce Case Review Click Here
Palimony & the Contract
In many states, courts regard non-marital agreements as contracts, which means they're seen as legally binding documents. The concept behind this is that marriage is effectively a contract governed by the laws of the state; unmarried folks, then, can enter into similar contracts.
A non-marital agreement can contain a variety of terms, including
- How to divide property;
- How to divide money/assets;
- Whether palimony/financial support will be provided; and
- How to divide debts.
Some couples find the concept of a non-marital agreement unpleasant for the same reason many people have trouble with the idea of the prenuptial agreement: they see it as a bad omen about the outcome of the relationship.
But creating a non-marital agreement is an effective way of protecting yourself and your mate where the laws of the land do not. Non-marital agreements can be useful for all unmarried couples in long-term relationships, but should be given special consideration for those entering or already in long-term relationships who
- Have a significant amount of money/property and plan to combine assets with a partner;
- Have very little money or property, but wish to determine how wealth will be distributed if it enters the relationship; or
- Wish to outline how living expenses will be handled.
Divorce Case Review Click Here
Legal Recognition of Non-Marital Agreements
Like marriage and divorce laws, laws governing non-marital agreements and palimony vary from state to state. A family law lawyer can help you understand and work within your state's laws. In general, though, most states accept at least one of the following forms of non-marital agreements:
- Written Contracts: These are the most widely accepted among state courts, and are thus your safest bet if you're worried about a court recognizing your agreement.
- Oral Contracts: Some courts (including California's) consider oral contracts as legally binding in the case of living together contracts; however, they may be difficult to prove in court, especially if your partner is unwilling to cooperate.
- Implied Contracts: If a couple established no contract at all, some states allow the court to analyze the behavior of each partner during the relationship and determine whether or not their actions amount to an "implied contract." Other states have no provision like this.
In general, courts that accept many types of contracts require only proof that such a contract was agreed upon by both spouses. Because of the wide range of state laws, it's wise to consult with a lawyer before entering into a contract with your partner.
What if We Get Married?
A non-marital contract can act as a prenuptial agreement if both parties entered the agreement with the knowledge that they would be marrying in the future. Again, specific laws concerning this issue depend on where you live.
Related Pages
Prenuptial Agreements
Postnuptial Agreements