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AttorneyTom, Lawyer
Category: Family Law
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I live in Arizona. My girlfriend has been living with me

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I live in Arizona.

My girlfriend has been living with me for just about 1 year. For the first half of the year she was in school via a PEL Grant. She did not continue and did not start to work after finishing with school. I have been the sole provider.

We are now in the process of breaking up. She is still in my house and deciding where she will go next. I am giving her $5K and providing other assistance in the transition. Essentially she has no assets and no job.

A friend asked me if I had looked into my vulnerability to "palimony" and since I had not, I was wondering what my exposure might be, if any. Thank You.
Submitted: 4 years ago.
Category: Family Law
Expert:  AttorneyTom replied 4 years ago.
Hello. Thank you for coming to JustAnswer. I am Thoreau and I am sending this answer to you only a few minutes after you asked your question.
I'm sorry to hear about your break up and the difficulties and challenges that come with it. Breaking up is always a difficult matter. As far as palimony goes, that's not something that's awarded based on cohabitation alone. Instead, it's generally the result of an agreement for mutual support between two cohabiting partners. Therefore, any agreement to support a partner is often unwise. Unless there's some agreement in that regard, there's generally no basis for any award of one partner's assets to the other upon a break up. That said, anything bought by both parties together is subject to a fair distribution upon breaking up, as would be any debts jointly incurred. In other words, each person is entitled to a fair share of whatever a couple acquires together, even if they're not married. Arizona does not recognize common law marriages, so unless a couple lived together in a state that does and met the elements in that state, common law marriage is not an issue either.
Again, I'm sorry to hear about your break up. I hope that it goes as well as possible and I wish you all the best.
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