Palimony

Palimony is the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term "palimony" is not a legal or historical term, but rather a colloquial portmanteau of the words and alimony coined by celebrity divorce attorney Marvin Mitchelson in 1977 when his client Michelle Triola Marvin filed an unsuccessful suit against the actor Lee Marvin. While the suit was unsuccessful in this instance, the courts found that "in the absence of an express agreement, courts may look to a variety of other remedies to divide property equitably." It is unclear as to how many states currently expressly forbid any kind of palimony to be awarded. That is to say, how many states allow both partners in an unmarried cohabitation, to expressly keep all that is under their own name, including income and property. But it is widely recommended by legal offices across the country that prior to committing to an unmarried but romantic cohabitation, the couple should enter into a legal cohabitation agreement prior to moving in together.

Unlike alimony, which is typically provided for by law, palimony is not guaranteed to unmarried partners. There must be a clear agreement, written or oral, by both partners stipulating the extent of financial sharing and/or support in order for palimony to be granted. Palimony cases are determined in civil court as a contract matter, rather than in family court, as in cases of divorce. In the State of New Jersey, palimony cases are tried in Family Court.

In states that recognize palimony, there is variance in the factors that are taken into consideration by the court and the weight that these factors are given:

• Cohabitation • Length of the relationship • Commitment between partners that one would financially provide for the other for life • Promises between partners that can be proven • Written financial agreements • Ability of the plaintiff to support themselves financially • Giving up a career to provide services such as care of the home or children • Sacrifices made by one partner to put the other partner through college • Disparity in income

Oral or implied contracts are often taken into consideration also.

In 1983, only three(3) states legally rejected palimony. But as of 2016, twenty-four(24) states legally reject palimony.

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