Palimony is the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term "palimony" is not a legal or historical term, but rather a colloquial portmanteau of the words pal and alimony . Nevertheless, numerous "secondary" legal sources refer to the term, and attempt to describe its influence and implications upon actual statute law.
The term was coined by celebrity divorce attorney Marvin Mitchelson in 1977 when his client Michelle Triola Marvin filed an unsuccessful suit against the actor Lee Marvin. [1] While the suit was unsuccessful in this instance, the courts found that "in the absence of an express agreement, courts may look to a variety of other remedies to divide property equitably." [2] It is unclear as to how many states currently expressly forbid any kind of palimony to be awarded—that is to say—how many states allow both partners in an unmarried cohabitation to expressly keep all that is under their own name including income and property, but it is widely recommended by legal offices across the country that, prior to committing to an unmarried but romantic cohabitation, the couple should enter into a legal cohabitation agreement. [3]
Unlike alimony, which is typically provided for by law, palimony is not guaranteed to unmarried partners. There must be a clear agreement, written or oral, by both partners stipulating the extent of financial sharing or support in order for palimony to be granted. Palimony cases are determined in civil court as a contract matter rather than in family court as in cases of divorce. [4] In the State of New Jersey, palimony cases are tried in Family Court. [5]
In states that recognize palimony, there is variance in the factors that are taken into consideration by the court and the weight that these factors are given: [6]
Oral or implied contracts are often taken into consideration also.
In 1981, only three states legally rejected palimony, [7] but, as of 2016, twenty-four states legally reject palimony.[ citation needed ]
Michelle Triola spent several years living with actor Lee Marvin. After their breakup, she legally adopted the surname Marvin despite never having been married to him and claimed he had promised to support her for the rest of her life. In the end, in Marvin v. Marvin, the California Supreme Court ruled that Triola had not proven the existence of a contract between herself and Mr. Marvin that gave her an interest in his property. Thus, the common law rule applied to the situation without alteration, and she took away from the relationship and the household what she brought to it.[ citation needed ]
The court went on to explain that, while the state abolished common-law marriage in 1896, California law recognizes non-marital relationship contracts. These contracts may be express or implied, oral or written, but they must be provable in any case. The contract may also provide for a sexual relationship as long as it is not a contract for sexual services. Eventually, the California Court of Appeal ruled that, since Michelle Triola and Lee Marvin never had a contract, she was not entitled to any money. [8]
Due to the notoriety of the case, subsequent lawsuits involving cohabitating but unmarried parties trying to enforce promises of support or property rights came to be known as Marvin actions or Marvin claims. [9]
Country singer Leon Rausch's song "Palimony" went to #81 on the Billboard Country charts in 1980.
Stuck on You! is a 1982 comedy film which follows estranged couple Bill and Carol, who are in a palimony suit against each other.
In the 1996 film The Birdcage , which is adapted from the play La Cage Aux Folles , Albert Goldman (played by Nathan Lane) asks for a palimony agreement from his partner, Armand Goldman (Robin Williams).
Palimony was used as a form of revenge by the Bridgette Wilson character, Chelsea Turner, against her character's boyfriend Seth Winnick (played by French Stewart) in the 1999 film Love Stinks .
Included in the liner notes for Bon Jovi's Slippery When Wet album is a thank you to the group's "expensive lawyers" for helping them to negotiate alimony and palimony payments.
Seeking palimony was an option considered by the lawyer Jane Bingum (Brooke Elliott) during an episode of Drop Dead Diva , where one man married two women. The women ultimately chose to sue their husband for fraud.[ episode needed ]
Also, palimony law is very similar to common-law marriage law. [44] Common-law marriage in the United States (marriage without having an official marriage ceremony) is recognized in 10 states: Colorado, DC, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas and Utah.
This section may contain an excessive amount of intricate detail that may interest only a particular audience.(May 2017) |
This section may contain an excessive amount of intricate detail that may interest only a particular audience.(May 2017) |
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increasingly common in Western countries since the late 20th century, being led by changing social views, especially regarding marriage, gender roles and religion.
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a legal marriage despite non-compliance with the requirements for a statutory marriage, at least in the jurisdictions where marriage can still be contracted this way.
A prenuptial agreement, antenuptial agreement, or premarital agreement is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse.
A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law.
Same-sex marriage has been legal in New Brunswick since June 23, 2005 in accordance with a ruling from the Court of Queen's Bench of New Brunswick. This decision followed similar cases in eight other provinces and territories, and pre-dated by only one month the federal Civil Marriage Act of 2005, which legalised same-sex marriage throughout Canada. New Brunswick was the ninth jurisdiction in Canada to recognise same-sex marriage, and the twelfth worldwide.
Greece has recognized cohabitation agreements providing same-sex couples with several of the rights and benefits of marriage since 24 December 2015. Legislation allowing such unions was approved by the Hellenic Parliament on 23 December 2015 and published in the Government Gazette the following day. In July 2023, the re-elected government headed by the New Democracy party announced its intention to legalize same-sex marriage. Legislation was introduced in February 2024 and is expected to pass before Easter.
Israel has granted unregistered cohabitation for same-sex couples since 1994, in the form of common-law marriage, a status that until then was only extended to opposite-sex couples. Following lawsuits, same-sex couples enjoy several spousal benefits (1994–1996) and the right of same-sex partners of civil service employees to survivor benefits (1998).
Latvia does not recognize same-sex marriage. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions, which was subsequently signed into law by President Edgars Rinkēvičs in January 2024. The law is scheduled to take effect on 1 July 2024.
A cohabitation agreement is a form of legal agreement reached between a couple who have chosen to live together. In some ways, such a couple may be treated like a married couple, such as when applying for a mortgage or working out child support. However, in some other areas, such as property rights, pensions and inheritance, they are treated differently.
Michelle Triola was an American actress who unsuccessfully sued actor Lee Marvin in 1977, having cohabited with him from 1965 to 1970. The trial, which brought about the concept of palimony, was widely covered in the media. During this time, she was Michelle Triola Marvin, having legally changed her name to add Marvin's surname to her own. She was represented by attorney Marvin Mitchelson.
Marriage in the United States is a legal, social, and religious institution. The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual may marry in the United States as of right, without parental consent or other authorization, on reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and Mississippi, where the general marriage age is 21. In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. Most states also set a lower age at which underage persons are able to marry with parental and/or judicial consent. Marriages where one partner is less than 18 years of age are commonly referred to as child or underage marriages.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.
Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.
Same-sex unions have been recognised in the microstate of Monaco since 27 June 2020. On 4 December 2019, the National Council passed a bill establishing cohabitation agreements, offering both same-sex and opposite-sex couples limited rights and benefits in the areas of inheritance and property. The law took effect on 27 June.
Cohabitation in the United States is loosely defined as two or more people, in an intimate relationship, who live together and share a common domestic life but are neither joined by marriage nor a civil union.
Cohabitation in India is legal. It is prevalent mostly among the people living in metro cities in India.
Marital rape is illegal in all 50 US states, though the details of the offence vary by state.
The Appellate Court of Illinois has found that a state court judge who is a physician's former same-sex partner can assert an unjust enrichment legal claim — that is, a palimony claim — to seek compensation for her financial contributions toward both the home they shared and the physician's professional practice.
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