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What is the palimony law in New York

 

Customer Question

11 year relationship; co-own one property; live back and forth in two residences, 3 or 4 days per week; no other partners in the relationship for 11 years; I was the Beneficiary of his will and powerr of attorney; beneficiary of life insurance; no children; he left the relationship suddenly; has had an outside relationship prior 6 months

 

Optional Information:
Mamaroneck, New York

Already Tried:
I have begun negotiations for a settlement with him via email and phone; nothing more

Submitted: 2305 days and 6 hours ago.
Category: Legal
Value: $15
Status: CLOSED

Accepted Answer

Expert:  Medicine&Law replied 2305 days and 6 hours ago.

Hello,

There are no "palimony" laws in New York State.

Palimony is a phrase coined by the media, not a legal concept, to describe the Division of Property or alimony-like support paid to one partner in an unmarried couple by the other after a break-up. Members of unmarried couples are not legally entitled to such payments unless they have a written agreement (or a court finds there was an oral or implied agreement).

here are no specific court rules or statutes that provide directions as to what a written complaint in a palimony lawsuit should look like. However, the complaint should contain the following information:

Enough facts to show that the plaintiff and defendant have been living together for a reasonably long time.

A description of the living arrangements between the parties, including a list of the types of services that the plaintiff performed for the defendant.

A description of the promise or contract made to support the plaintiff for life.

An explanation of how the promise and/or contract was broken.

A request for financial or monetary support.



Palimony suits take years to settle and are difficult to prove. The duration of the relationship, the commingling of funds and the two parties' lifestyles are all factors that must be considered. Individuals who live together without being married are afforded no special protection beyond that afforded by traditional concepts of contract law, constructive trust law, and the like.

I would suggest that you discuss your situation with an attorney to determine what is the best way to proceed.

Expert TypeMediator
Category: Legal
Pos. Feedback: 99.2 %
Accepts: 470
Answered: 12/17/2006

Experience: Dog/Owner Related Issues & Medical Insurance Claim Resolution

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