Palimony in California

A partner in a long-term unmarried relationship may question their eligibility for financial support like alimony upon the relationship’s termination. California refers to financial support for unmarried partners as palimony. Courts do not automatically award palimony like they do spousal support, and establishing entitlement to palimony in California requires complex legal evidence.

Individuals from long-term, non-marital relationships need to understand California’s palimony laws to protect their financial security after separation.

What Is Palimony?

Palimony is financial support that one partner must pay to the other after ending a long-term relationship that never resulted in marriage. Palimony operates like spousal support but falls outside the family law jurisdiction. Palimony originates from contract law principles, which demand evidence of a formal or implicit agreement for continued financial support following a relationship breakdown.

While California lacks specific palimony legislation, court systems utilize contract law to enforce agreements between partners who live together. Palimony cases can be complicated because they require significant evidence to establish claims.

The Difference Between Palimony and Alimony

The court establishes alimony (spousal support) to mandate financial payments from one ex-spouse to another after they legally separate or divorce. The determination of alimony depends on the length of the marriage, the financial status of both spouses, and each spouse’s contributions to the relationship. Specific guidelines govern how courts determine alimony payments.

Palimony relates only to unmarried partners and operates outside of family law regulations. The claim functions as a civil action that arises from a contractual understanding between partners. Financial support rights do not automatically exist after a relationship ends unless the couple has a written agreement.

When Palimony Is Appropriate

Palimony is not an automatic right for all non-marital relationships that come to an end. Some common instances where palimony could be an option include:

• One partner supported the other financially during the relationship.
• There was an agreement that the support would continue after the relationship ended, whether expressly stated or implied.
• The couple lived together for an extended period of time and shared finances or assets.

An example of a situation where palimony may be appropriate would be if a couple resided together for more than 15 years as one partner provided financial support for the other. The partner who sacrifices their professional opportunities for domestic responsibilities or to advance their partner’s career may assert that there was an implicit agreement that they would be provided with continued support.

Evidence Needed To Prove Palimony

The individual seeking palimony support carries the responsibility of proving their case in California. Proof of an agreement between partners must be presented by the claimant seeking palimony. This may include:

• Written contracts. Signing a cohabitation agreement or similar written document that promises post-separation financial support provides strong proof for a palimony claim.
• Verbal agreements. An oral agreement remains enforceable, despite its difficulty in being proven, when there is supporting evidence available. Witness testimony, emails, text messages, and financial records can serve as evidence to demonstrate that an agreement existed.
• Combined assets. Individuals who played a substantial role in their partner’s business achievements or financial prosperity might claim that an expectation for support existed implicitly. Financial statements, along with property ownership documents and bank records, can demonstrate mutual financial responsibilities.
• Relationship duration. Courts determine relationship status by examining how long the couple lived together and whether their financial habits mirrored those of a married couple through resource pooling and shared expenses and decision-making.

Defenses Against Palimony

Not every person is entitled to palimony. If you are facing a palimony claim, there are defenses you can use against it, including:

• No agreement exists, either written, oral, or implied.
• The ex-partner was financially independent and did not rely on you for financial resources.
• The relationship was short-lived, and you and your former partner did not share any resources or assets.
• The claim exceeded the statute of limitations. Because palimony is a contract issue, claims are subject to contract laws, which have a statute of limitations for when a claim can be filed. If the claim is filed outside this timeline, the claimant is unlikely to be granted palimony.

FAQs

Q: Can I Get Palimony if There Was No Written Agreement?

A: You can get palimony if there was no written agreement, but establishing proof of an implied agreement can be more difficult. The factors examined by courts in implied agreement cases include financial dependence, shared assets, verbal promises, and contributions to the relationship. Establishing an implied contract requires evidence such as friends’ testimony, financial records, and mutual financial support documentation.

Q: What Kind of Evidence Is Needed​​ to Prove a Palimony Claim?

A: Evidence needed to prove a palimony claim includes a written agreement, emails, text messages, financial documentation, evidence of shared property, financial dependency proof, or supportive witness testimonies verifying an existing support agreement. A claim stands a better chance of success when it is supported by strong evidence. All palimony claims are not awarded, but strong proof increases your chances.

Q: Can I Receive Palimony if My Ex Financially Supported Me?

A: You may be able to receive palimony if your ex financially supported you; however, palimony requires more than just financial support to be granted. Evidence needs to demonstrate a clear or implicit understanding that financial support would persist following the end of your relationship. The existence of financial support from your ex, combined with proof of promised continuation, may allow you to pursue a claim.

Q: What Should I Do if I Believe I Am Entitled to Palimony?

A: If you believe you are entitled to palimony, start collecting proof of financial arrangements and shared asset contributions. Seek immediate legal advice from a family law attorney to assess your claim and establish the most effective legal approach. It is critical to act promptly because claims must be submitted within specific time constraints.

Contact Bickford Blado & Botros

In California, palimony claims present a significant challenge because proving them requires solid proof of a financial agreement between partners who are not married. A qualified attorney is essential if you think you qualify for palimony rights or if you receive a palimony claim from an ex-partner. Bickford Blado & Botros can help you in this legal process. Contact us today to get started.

 

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