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Palimony. How does palimony work

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Palimony

Lawyer's Assistant: Family law varies by state. What state are you in?

How does palimony work

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Submitted: 8 months ago.Category: Family Law
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Answered in 5 minutes by:
12/13/2017
Family Lawyer: RayAnswers, Lawyer replied 8 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,804
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

The cause of action for Palimony” is basically alimony for unmarried cohabitating couples. Specifically, it’s an alimony-like support payment that may be available to unmarried partners who are separating after living together for a period of time.

Here in some cases, one partner may ask for monthly payments of palimony after a break-up or may request a palimony settlement in the form of a one-time lump-sum payment. Either way, the first step is figuring out whether your state allows palimony.

The term “palimony” was made famous in the California case of Marvin v. Marvin, 18 Cal.3d 660 (1976). The Marvin case involved actor Lee Marvin, who had been living with Michele Triola for a number of years. Triola claimed that Marvin had agreed to support her financially. Although the agreement wasn’t in writing, Triola argued that it was proved by their actions. Triola gave up her own career to take care of Marvin and become his homemaker. In return, Marvin had agreed that Triola was entitled to one-half of his income and property acquired during their relationship. When the couple split, Triola sued for “palimony.” The appeals court held that a written contract for palimony wasn’t required, and if the parties’ actions did in fact support the conclusion that an implied contract for palimony existed, then it would be enforceable.

This rules spelled out in the Marvin case apply only in California. Most other states that allow palimony follow a more traditional common law rule, which permits express written and oral contract theories, but rejects implied or constructive agreements for support. In addition, no court in the United States would enforce a contract solely for sexual services. See the resources sections below for a list of relevant state cases.

If you have specific questions about palimony in your state, you’ll need to speak with an experienced family law attorney in your area. However, there are some general factors state courts may consider when deciding whether to award palimony, including:

  • the length of the relationship – if a couple cohabitated for a long time, for example over 10 years, a court is more likely to consider claims for financial support after a breakup
  • written agreements or contracts regarding financial support
  • oral promises or agreements regarding financial support, which can be substantiated or corroborated by other evidence
  • an implied understanding between the partners that one would provide financial support to the other after a breakup and/or for the rest of his or her life
  • the ability of the partner asking for palimony to support himself or herself
  • any sacrifices made by either partner to support the other, for example by giving up a career in order to take care of the couple’s home or children
  • any sacrifices or contributions made by one partner to put the other through school so that he or she could earn a professional degree or obtain career advancements, and
  • a significant difference between the partners’ incomes.

You may want to consider such a suit here for palimony and seek judgment for all including legal fees.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 8 months ago
We have been together 8 & half yrs
Family Lawyer: RayAnswers, Lawyer replied 8 months ago

I sure would consider such a palimony suit.You appear to have good facts to pursue it.

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Customer reply replied 8 months ago
OK what now?
Family Lawyer: RayAnswers, Lawyer replied 8 months ago

You can locate family lawyer here to sue

Lawyer referral here, Put in your location, there are ratings

https://www.avvo.com/family-lawyer.html

Thanks again and prayers to you here.Sorry you are having to do this.

Thanks for rating 5 stars at top of page.

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