Palimony is a form of financial support made available to unmarried couples after separation. Note that this is not the same as alimony, with the main difference being that it is only applied to unmarried partners who live together.
Palimony Laws in California
Palimony agreements are not established in every state. In some states, palimony is based on matrimonial law and common law marriage rules– typically, a couple who lives together for a certain period is considered legally married for all intents and purposes. Palimony was established in the 1976 California Supreme Court case Marvin v. Marvin. The courts determined that without express agreement, the courts must refer to the conduct of both parties to determine an equal division of property. Although California abolished common law marriage in 1896, the state still acknowledges a contract between couples that fall outside of marriage as “cohabitation.” However, this means that whichever party wishes to enforce the contract must prove that a formal contract was formed.
Unlike alimony, palimony claims are not brought to family court systems. Instead, California palimony cases are filed in general civil courts based on legal theory, for example, a breach of contract or violation of a partnership agreement. Since palimony cases are classified as civil, they have no right to a jury, nor will a court appoint any family lawyer to the case.
What is Cohabitation?
Before bringing up a palimony case, a couple must be established as cohabitating. Otherwise, a contract is not enforceable. The phrase “cohabiting” refers to romantic partners who live together unmarried. Cohabiting couples support each other financially, share expenses, and raise children. In addition, cohabiting couples may share property ownership or open joint bank accounts, but they are not legally married.
How to File a Palimony Suit?
To file a palimony suit, the party looking to enforce the coupling agreement must file a petition with the court associated with the claim (most often general civil court). Generally, the petition is filed in the court system located in the most recent place the couple lived together. However, some cases may find alternative locations to be more appropriate. The partner requesting palimony needs proof of any basic terms of a contract. For example, an offer, acceptance, consideration, and performance all take place. But, the exchange of sexual service does not qualify as a basis for palimony as that would justify prostitution.
Several factors may be taken into consideration when reviewing a palimony case in court, such as:
- Whether the parties lived together (Cohabitants)
- The length of the relationship
- Whether promises of support were made
- If the parties had any written agreements
- The financial status of both parties
- The existence of children between the parties
- Sacrifices of career by one party for the other
- Other relevant factors to the relationship
How Does Palimony Benefit Same-Sex Couples?
Same-sex marriage has been legal in California since 2008, making it still very new. The modern law has direct impacts on cohabiting same-sex partners not registered as domestic partners. For example, suppose a now-married couple has been together long before legalizing same-sex marriage in California. If they were to separate, an alimony award would only be determined by the length of the marriage, not including their cohabitation period. However, with palimony, a court can calculate financial awards after separation based on the entire length of the relationship, even before marriage.
Contact Pride Legal
If you or a loved one have concerns about palimony payments, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.