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Understanding Palimony & "Marvinizers" In California Cases

Palimony may sound like alimony but there are subtle differences between the two. For one, Palimony is applicable for unmarried couples who lived together before getting separated. Both of them work in a similar fashion and both involve spousal support paid by one partner to the other.

Marvin v. Marvin

The word palimony was first used during a court trial involving two unmarried partners who split shortly after a live-in relationship. ended. In 1976, actor Lee Marvin from California had a palimony case against him by his girlfriend Michele Triola for failing to fulfill his promise of financial support. Marvin’s promise made Michele quit her career and move in with her boyfriend as a homemaker. Since the couple were not married, it was up to the California court to decide the division of marital property. The court did not require an agreement from the couple in writing and passed the judgment based on their implied contract.

Palimony later became synonymous with financial support unmarried couples. The famous case was used as an example in a number of different cohabitation separation cases.

Cohabitation agreements

The court did not require a written agreement during the Marvin case but now modern-day courts require a written agreement of some form during palimony cases. There are cohabitation agreements which ensures that both individuals in a relationship recognize the rights of each other. Cohabitant agreements exist to protect the individuals in a relationship against unfair treatment. It mostly includes property rights but there might be other rights included in the agreement as well.

Hire a lawyer

Palimony laws and agreements may not work in the same way as alimony laws and should be handled by professional lawyers. To understand when and where a palimony is used, hiring a good and experienced lawyer should be the first step. A good lawyer can not only tell you how to make the most of a palimony but can also help guide you through the necessary steps in a palimony agreement.

Conclusion

Unmarried couples should know palimony laws and rules before moving in with each other. A palimony is used to protect the financial assets of one partner against misuse by the other partner. To prevent the other partner from taking advantage of the palimony agreements, individuals should consult experienced lawyers. Lawyers and attorneys who know the agreement rules in detail can provide a better insight and prevent substantial damage against their clients.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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