Legal Definitions - palimony

Palimony is a term used to describe a court-ordered financial award or division of assets given to one partner in a long-term, unmarried relationship after the relationship ends. It is similar in concept to alimony, which is financial support provided to a spouse after a divorce, but palimony specifically applies to individuals who were never legally married.

For a court to award palimony, there typically needs to be an agreement between the partners regarding financial support or property division. This agreement can be explicit (either written or spoken) or, in some jurisdictions, implied by the partners' conduct and shared understanding over time. However, not all states recognize palimony, and among those that do, the specific requirements for proving such an agreement can vary significantly.

• Example 1: Explicit Oral Agreement for Support

  Maria and David lived together for 12 years. During their relationship, David encouraged Maria to leave her job to pursue a demanding master's degree, promising he would support her financially until she established her new career, and that they would share in their future combined prosperity. Maria relied on this promise, foregoing her own income for several years. After they separated, Maria sought financial support from David, arguing that their oral agreement constituted a basis for palimony, given her significant sacrifice and reliance on his promise.

  Explanation: This example illustrates palimony where one partner seeks financial support based on an explicit, though unwritten, agreement made during a long-term non-marital relationship, following its dissolution.

• Example 2: Implied Agreement for Asset Division

  Sarah and Tom cohabited for 18 years, during which Tom worked full-time while Sarah managed their household, raised their two children, and significantly contributed to the renovation and maintenance of their home, which was titled solely in Tom's name. They always operated under the assumption of a shared financial future, pooling resources and making joint decisions about investments. When they separated, Sarah sought a share of the home's equity and other assets, arguing that their long-standing conduct and mutual understanding implied an agreement for shared ownership and financial benefit, even without a formal written contract.

  Explanation: This scenario demonstrates palimony being sought for the division of assets, where the claim is based on an implied agreement arising from the partners' long-term conduct, shared contributions, and mutual understanding within their non-marital relationship.

• Example 3: Written Agreement for Post-Relationship Provisions

  Before moving in together, Mark and Lisa signed a cohabitation agreement outlining their financial responsibilities and how assets would be divided if their relationship ended. The agreement specifically stated that if they separated after more than five years, the higher-earning partner would provide a set amount of financial support to the other for a specified period, and certain jointly acquired properties would be sold with proceeds split equally. After seven years, they decided to part ways, and Lisa invoked the terms of their written agreement to receive the agreed-upon support and her share of the assets.

  Explanation: This example clearly shows palimony being applied based on a formal, written agreement between unmarried partners that dictates financial support and asset division upon the termination of their relationship, highlighting the importance of an enforceable contract.