Certified Specialist - Family Law
What is Palimony?
Insight from a Newport Beach Family Law Attorney
Palimony is not a legal term, but it is used to refer to monetary support,
similar to the term
alimony used for married couples. In California, no one is entitled to automatically
receive financial support or property rights, but a couple can create
a contract promising support or these rights. These contracts are known
as palimony. For help with securing palimony in your case, contact a
Newport Beach family lawyer from The Law Offices of Marc E. Mitzner.
If you are dealing with a financial support or property sharing matter
with your partner, team up with an advocate who has experience handling
legal concerns like yours. You have rights even if you were not married
to your partner and our firm is here to help you uphold those rights!
Understanding How Palimony Works
Do we have rights, even though we aren't married?
While some states consider couples living together and acting like husband
and wife to be legally married, California does not. This does not mean
that couples that live together do not have rights to fair financial support
and division of property like other married couples. If a couple is comprised
of "putative spouses" or a domestic partnership, they should
have certain rights afforded to them. If the unwed couple pursues an agreement
to treat assets as communal property, this is termed palimony.
What is recognized as a palimony contract in California?
There are several different types of contracts that are accepted as palimony
in the state of California. One would be a
written contract or an agreement signed by both parties in the relationship that lays out
the guidelines if they were to separate. Second would be an
oral agreement between the couple that discussed the guidelines of support and property
sharing if separation occurred. Lastly, an
implied contract is also considered an agreement by the courts wherein a person sacrifices
their career to be in the relationship with their partner.
What factors can impact a palimony case?
Creating a cohabitation agreement should be done in writing so that your
rights are protected. It is important to note that non-marital partners
do indeed have the right to enforce agreements of support and property
if they ever separate in the future.
The court may look into all of the following issues when determining a
- The amount of time that the couple lived together
- If one person supported the other in the relationship
- If both parties contributed to purchasing property in the relationship
- If there was an expressed or implied agreement regarding property or support
Secure Skilled Representation for Your Case
In order to have palimony upheld in the state of California, you will need
to prove that you lived with your partner for a certain amount of time
and there was a promise uttered. Also, you will need to show that there
was a contract or agreement that states the promise. Attorney Marc E.
Mitzner is a certified family law specialist who has handled hundreds
of cases and has the insight to provide you with the strongest case possible
for your alimony claims.
Call The Law Offices of Marc E. Mitzner
now for the skilled family law representation you need in Newport Beach