Palimony is granted when the couple is not legally married but cohabits. It is a payment made to one partner who needs financial assistance after the relationship ends. Once two people start living together and engaging in a romantic relationship, palimony can become applicable if the relationship fails, the two cannot resolve conflict and decide to separate, and the one person with less income must receive support as needed. Palimony is similar to alimony, but there is no marriage involved.
Before assuming you are eligible for palimony, you must know if your state allows it. For instance, states allowing the palimony settlement mandates the couple to have a complex relationship that includes more than just sexual relations. The state needs more information to determine this in each case.
If, for some reason, the partner cannot make the payments, then other options are available to provide either a lump sum or monthly payments. If you and your partner had an oral or written agreement that specified palimony payments in your relationship, you could contact a family law attorney to obtain advice. You must verify with your local state laws to determine what is permissible.
Additionally, some states do not have palimony available for couples. It is important to research whether or not your state accepts palimony claims. The following states do not recognize palimony:
- Alabama
- Connecticut
- Arkansas
- Georgia
- The District of Columbia
- Kentucky
- Louisiana
- Maine
- Kansas
- Maine
- Massachusetts
- Missouri
- New Hampshire
- Michigan
- Mississippi
- New Jersey
- South Carolina
- South Dakota
- Oklahoma
- Nebraska
- West Virginia
- Tennessee
If you live in one of these states, you can agree with your partner regarding making palimony payments.
Why Seek Palimony?
Similarly to alimony, situations arise in the couple’s life that requires either spouse to obtain financial assistance. For instance, if the mother had a child and became a stay-at-home parent, they had to stay behind to care for the child. Due to this, they could not seek employment or obtain the necessary education needed for a job. Once you request palimony, the court will review and finalize the application. After the judge signs it, it will become a legally binding obligation. Remember that the situations where palimony is available typically only exist in circumstances of common law cohabitation with romantic partners.
According to the HG legal resources, having a written agreement regarding palimony can be useful for the couple once the relationship ends. As stated earlier, this will provide the couple financial assistance to accomplish their independence. However, if the state does not provide palimony, the couple may draft another arrangement or collaboration and ensure that the person receives help when the two no longer live together.
Even if your state does not have palimony, you can seek out a lawyer to make a claim for you in court regarding obtaining palimony payments. If you have a written agreement, this can serve as evidence, and the judge can decide whether it will be compatible with your case.
What are Palimony Agreements?
For a bit of historical reference to palimony agreements, alimony was established in the 1976 California landmark case of Marvin v. Marvin. The court stated that “in the absence of an express agreement, courts may look to a variety of other remedies to divide property equitably.” The California Supreme Court also recognized contracts made between couples outside of marriage. Therefore, per general contract guidelines, palimony could be requested.
To provide financial assistance to parties that were not married.
A palimony contract can be either written or oral. It may include legal sexual relations provisions as needed. As with any contract, it will not be enforced if any illegal activities are involved. Moreover, the common defenses for breach of contract apply.
This includes any agreement formed under duress, fraud, failure to comply with the statute of frauds, and incapacity. If the agreement does not comply with the traditional rules of contract formation, it will not be upheld. Therefore, seeking a contract lawyer in the family field to review your palimony agreement will be useful and prevent issues in the future regarding enforcement.
What Are The Factors For Palimony Payments?
As with any scenario, the judge and the courts have certain criteria to meet for the case to proceed. For palimony agreements, below are some factors that are examined:
- Duration of the relationship;
- Promises made to support each other financially in a written form;
- Living together (cohabitation);
- The overall financial health of each individual;
- Did either party stay behind to raise children and surpass their career opportunities;
- Are there any children involved;
- Whether the couple held themselves out to the public as husband and wife and;
- Is there a new supportive relationship involved;
The courts will consider the above mentioned factors and determine whether or not a palimony award will be granted in the case. This may vary on a case-by-case basis and how the judge will rule.
Can a Palimony Award Be Modified?
Palimony awards generally cannot be modified. However, the payor can show that there has been a substantial challenge in the circumstances that significantly impact their ability to pay support.
Any evidence demonstrating that there would be a financial hardship if they continued to pay the same amount, they can request a modification.
But, some situations are not necessarily considered valid reasons for modifying the palimony payments. For example, a party may not change their support payments based on a voluntary reduction of income. Moreover, if the individual quits their job voluntarily, this is not considered a valid reason for altering the payments. To obtain a palimony modification, the party requesting it must file a petition in a court that can exercise jurisdiction over the palimony case. The petition must also include the reasons for the change in the palimony agreements.
Once the petition has been filed, a hearing will be set to decide whether or not the petition is needed. Then the other party will receive notice of the hearing per the jurisdiction of the place it is being filed. Each state has a stance on how they deal with palimony petitions, but other states still have some uncertainty. As with any significant legal matter, you can seek an expert in the field to assist you with your case.
Living together does not automatically qualify you to receive palimony. Certain factors must be addressed. Furthermore, in cases with a written palimony agreement, both sides are protected and can enforce it in the future.
When Do I Need to Contact a Lawyer?
If you are cohabiting, you should consider drafting a palimony agreement to receive some financial assistance after your relationship ends. Not all states recognize palimony; therefore, contacting a local alimony lawyer in your area to obtain this information will be useful for your case. You can decide whether or not you want to draft this type of agreement with your romantic partner and proceed from there.
Palimony can be a complex legal topic that differs from area to area in terms of what is allowed. An experienced lawyer can help ensure your rights are protected and that you fully understand what you are owed under the law. If any legal disputes arise in connection with palimony, your lawyer can also provide you with legal representation in a court of law if necessary.
