What Is Palimony?

"Palimony" is basically alimony for unmarried cohabitating couples. Specifically, it's financial support that may be available to unmarried partners who are separating after living together for a period of time.

In some cases, one partner may request monthly palimony payments after a breakup or seek a lump-sum settlement. However, the availability of palimony varies significantly by state, and many states do not recognize these claims at all.

Can I Ask for Palimony in My State?

The legal foundation for palimony in the United States stems from the landmark California case Marvin v. Marvin, 18 Cal. 3d 660 (1976). The case involved actor Lee Marvin and Michele Triola, who lived together for several years. Triola claimed Marvin had agreed to support her financially based on their conduct during the relationship—she gave up her career to care for him and manage their household, while he agreed she was entitled to half his income and property acquired during their relationship.

The California Supreme Court ruled that written contracts weren't required for palimony agreements, and courts could enforce implied contracts for support if proven by the parties' actions. This decision established the legal basis for recognizing palimony claims in California and influenced similar cases nationwide.

If you're thinking of bringing a palimony claim (or want to defend yourself against one), talk to a local family law attorney. Not all states recognize palimony, and even in the states that do, the requirements vary. Some states only enforce written agreements, while others enforce verbal contracts under some circumstances.

Key Legal Considerations for Palimony Claims

Courts in states that recognize palimony typically ask the following questions when evaluating claims:

• How long was the relationship?
• Was there a written or oral agreement?
• Was there an implied understanding between the partners that one would provide financial support to the other after a breakup?
• Can the partner requesting palimony financially support themselves?
• Did the partner requesting palimony make career or educational sacrifices during the relationship, such as staying home to raise the couple's children?
• Is there a significant difference between the partners' incomes?

Getting Legal Help

If you're considering a palimony claim or want to create a cohabitation agreement, consult with an experienced family law attorney in your state. Laws vary significantly between jurisdictions, and what's enforceable in one state may not be recognized in another.