Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

What are if any, the palimony laws in Florida I have ...

Customer Question
What are if any, the...
What are if any, the palimony laws in Florida? I have been living with my boyfriend for almost 5 yrs and he has been my sole supporter. I live in his houses and drive one of his vehicles and he pays all my bills, etc. I haven''t had to work since we''ve been together. He is a man of wealth.
Submitted: 9 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 39 minutes by:
7/11/2008
Family Lawyer: Lawrence D. Gorin, Family Law Attorney replied 9 years ago
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,544
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
Verified

ANSWER:
Yes, there is a basis for asserting a claim for “palimony” under Florida law, providing there is evidence that the parties had fomulating some type of agreement during the relatinship that provides a basis for making such an award.

In sum, Florida “case law” tells us the following:

Agreements between unmarried parties may be enforced provided there is valid and lawful consideration apart from any express or implied agreement regarding sexual relations. See Stevens v. Muse, 562 So.2d 852, 853 (Fla. 4th DCA 1990) (holding agreements between unmarried cohabitants were not violative of public policy) See also Poe v. Levy's Estate, 411 So.2d 253, 256 (Fla. 4th DCA 1982) ("a cause of action based on an express contract or for construction of a trust is enforceable regardless of the fact that the parties may be cohabiting illicitly as long as it is clear that there was valid, lawful consideration"). An oral agreement between cohabiting parties, if proved, is enforceable. Crossen v. Feldman, 673 So.2d 903 (Fla. 2d DCA 1996).

Palimony - What’s it all about
Palimony is a form of alimony awarded to one member of a non-marital couple who have separated. A palimony claim is a claim for alimony like support that arises out a relationship in which two parties have been living together or cohabitating without being married.

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. I ndividuals 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.

A Palimony lawsuit is really more like a lawsuit for the breach of a contract than a lawsuit for divorce. In contract lawsuits, plaintiffs are asking for money damages. Lawsuits for money damages are normally filed in the Law Division of the Superior Court. However, the Family Part is now the proper place to file a lawsuit for palimony. This is because a palimony lawsuit arises out of a "family-type" relationship, and it is considered best to have this type of a case decided by a judge with expertise in family law.

There 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; and
* A request for financial or monetary support.

Palimony Suits are for Financial Recovery
In palimony cases, the amount of money owed to the financially dependent partner is based on the promise or contract that was made between the partners. The sum of the support awarded is normally the amount determined to be necessary to support the plaintiff for the rest of her life, beginning from the time of the breakup of the relationship for as long as she might be expected to live. (There are special charts that allow experts to calculate the average life expectancy of a person of the plaintiff's age.) Unlike a divorce action, a palimony lawsuit can be filed only to recover money, not property. Division of property is only allowed in the context of a legal marriage.

==============================
---> NOTICE AND DISCLAIMER (“The Fine Print”): The foregoing response is based only on the facts gleaned from your inquiry and does not constitute a definitive legal analysis or evaluation of the facts and circumstances of your particular case and the law applicable thereto. The information provided here should not be the sole basis for your decision(s) regarding the handling or resolution of the legal problem or issue presented. Limitations and restrictions of this forum prevent any claim or guarantee as to the completeness, accuracy or adequacy of the information contained herein and no such claim is made or guarantee given. The foregoing response to your inquiry is not intended to be and should not be accepted as a substitute for the professional legal advice and counsel that can only be given by a lawyer licensed to practice in the state that has jurisdictional authority over the case. I am licensed to practice law only in the state of Oregon. No attorney-client relationship is intended or created by or through the response(s) given here. (Sorry this is so long. But I’m a lawyer, so it should come as no surprise.)

Having answered your question, please acknowledge by clicking the green “ACCEPT” button. That will allow me to be paid for the time spent in answering your inquiry. Your question will not close, and you will still have the opportunity to follow-up if needed. Also, please add a few words of compliment in the feedback space. It isn’t required but it sure boosts my ego! Thank you!

Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,544
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
Verified
Lawrence D. Gorin and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Lawrence D. Gorin Your Own Question
Lawrence D. Gorin
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,544
1,544 Satisfied Customers
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.

Lawrence D. Gorin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Getting a divorce in PA wife is asking for alimony we were
Getting a divorce in PA wife is asking for alimony we were married 7 years how much and how long is she entitled to alimony … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
This is a family law question. My wife has filed for divorce
This is a family law question. My wife has filed for divorce and we have been married for more than 20 years. However, for the last 7 years, she has forced me to live in the basement and alienated my … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
My property settlement agreement in my divorce says alimony
My property settlement agreement in my divorce says alimony is irrevocable pursuant to Lepis vs Lepis. Can my ex change the agreement or not? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Divorce, and wife asking for $850 in alimony in settlement
Divorce, and wife asking for $850 in alimony in settlement draft. She is working, in great mind and physical health. She makes 42k while I make 67k as a teacher. This is on top of $820 for child suppo… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
I will be divorced next week on the 20th with a alimony
I will be divorced next week on the 20th with a alimony agreement incorporated into the divorce decree. My spouse and I agreed of the terms of the agreement. It is to paid indefinitely because I am di… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I am divorced but in a family law court over marriage
I am divorced but in a family law court over marriage settlement of property. At each hearing the judge has made decisions and ordered me to pay more alimony, more fees for the opposing side and not o… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
Have a family law question, basically short marriage (less
Have a family law question, basically short marriage (less than 3 years) with twins and spouse earning well. Question - which state is best for divorce considering ALL factors as below1. Least Length … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Is palimony recognized in the The state of Pennsylvania? No
Is palimony recognized in the The state of Pennsylvania? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
Is palimony recognized in the state of Arizona? If so, what
Is palimony recognized in the state of Arizona? If so, what stipulations must be satisfied for a claim to be successful?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x