When it comes to legal terms, there can be an awful lot of confusion. This is most certainly the case when it comes to things such as palimony. It sure sounds like alimony, but can it really be that simple? At the Law Offices of Brian D. Perskin & Associates, we want all of our clients to understand all the legal issues they may face in divorce proceedings. So, what exactly is palimony?
What is Palimony?
Palimony is a term that stems from the concept of alimony. First coined in the 1970’s, following a landmark ruling, palimony is essentially alimony payments made to one party after the breakup of a long-term relationship, despite the couple not being married.
Marvin v. Marvin
Palimony is not actually a legal term, but rather is a phrase created by journalists with regards to the case of Marvin v Marvin. In this case, famed actor Lee Marvin was sued by ex-girlfriend Michele Triola. Triola argued that actor Marvin agreed to support her financially if she gave up her acting career and moved into his home. After their relationship ended, Triola sued for half of what Marvin had made during their relationship.
Even though the couple’s agreement was never put into writing, the California Supreme Court ruled that a written contract wasn’t required. The Court believed that the parties had an obviously implied oral contract.
Enforcing an Implied or Written Contract
While the California Supreme Court ruled that a written contract was not required, most courts often do look for a written agreement of some variety. In fact, courts in most states are more likely to award palimony to those who have a written cohabitation agreement.
If you’re in a relationship where you have been promised financial support, and it ends, you need to make sure you have access to documents that will prove your claim. While written agreements are preferred – as they establish concrete evidence – you can also provide correspondence or proof of a behavioral pattern which would provide evidence of an established agreement.
Other examples of evidence which may help your palimony claim in court include:
- Testimony from friends, family, or other individuals who overheard any discussions about agreements.
- Proof you cohabitated together for an extended period of time.
- Other relevant correspondence or emails which establish such a relationship existed.
Contact an Experienced New York Palimony Attorney Today
Filing for divorce or separating from a long-term partner can be a difficult decision to make, but selecting the right attorney doesn’t have to be. Brian D. Perskin & Associates P.C. is one of the most trusted names in New York when it comes to divorce litigation. Brian and his team are aggressive, experienced, intelligent, strategic and most importantly, compassionate. They work diligently with clients and customize representation strategies to fit their individual needs. So, if you’re looking for a divorce attorney who will fight for you, call Brian D. Perskin & Associates P.C. today at 718-875-7584 for your free consultation, and learn why we’re New York’s premier divorce law firm.