What is Palimony ?  

         The first thing to understand is that palimony is not a legal jargon. Rather it is term that is used by the people to explain the financial support and division of property between couples that are unmarried.When couples live together without the security of marriage, they do not have the same rights or benefits that married couples enjoy.

         The same is also true when the couples break up. Unmarried couples cannot get spousal support and neither can get any part of the so-called marital estate.

         Nonetheless, courts do know that many couples cohabit as though they were married. That is why there are some courts that believe that there is a certain amount of financial obligation even though the couples have not married legally. Usually courts take this stance when couples have been living together for a long period of time and have no written agreement on how to tackle financial support if they break up.

         Usually a court will award a palimony depending on the original objectives of the couple including any promises made orally to one another. However, awarding of palimony depends on the laws of the state as well as the unique circumstances of each individual case.

         Usually when courts are looking to grant palimony, they take into consideration the duration of the relationship, promises made to financially support the other, sacrifices made by one partner to enable the other partner to further his or her career, the earning ability of the partner who has benefited from the sacrifice and finally the difference between the incomes of both the partners.

         If palimony is granted, you should expect a lump sum amount rather than monthly payments. Also, there could be a division between the property and money.

         Usually palimony cases are quite complicated, especially if there is no written agreement between the couple. However, if there is an agreement, one similar to a prenuptial agreement, things would become much easier for both parties. Basically this agreement would be valid as long as the couple does not marry. Once marriage takes place, this agreement would become invalid unless a new agreement, which is the prenuptial agreement, is drawn up.




What is Palimony ?

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What is Palimony ? )
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