Why Palimony May Be Awarded

Palimony is the monetary support that one is supposed to pay to their cohabiter when they break up. It is similar to alimony, the difference being that alimony is for married couples who divorce, while palimony is for cohabiting couples who break up. You have a high chance of getting palimony award if you can prove that:

You Have Been Cohabiting For a Long Time

When it comes to palimony, the length of cohabitation matters a great deal. In fact, one of the first things your attorney will ask you is how long you have been together. Don't expect palimony if you have only been cohabiting with your partner for a couple of months or so; your cohabitation should be years for you to be awarded palimony.

You Have a Cohabitation Agreement

In most cases, you will have to prove that you were cohabiting and that you had agreed to support each other financially. Ideally, the agreement should be a written one, but oral agreements can also be enforced. For an oral agreement, corroboration may be required via other ways. The main thing is to ensure that it is not just your word against the other party.

You Cannot Support Yourself

Courts are generally reluctant to award palimony to those who have the financial means to support themselves. They don't want palimony to appear as a profit or reward for cohabiting with another person. In fact, your chances of recovering palimony are slim if the only thing you agreed to was having sex on a regular basis. However, you are likely to get your palimony award if you were truly cohabiting and you are unable to support yourself after the breakup. 

There Is a Significant Difference Between Your Incomes

A significant difference between your incomes or assets will also improve your chances of getting a palimony award. This is the case because palimony awards should be fair to both parties. It would be unfair to order your partner to pay you palimony if your incomes are roughly the same because your partner would end up with a lower living standard than you.

You Sacrificed to Support Your Partner or Your Children

Lastly, just like for alimony, your chances of getting palimony are good if you made some sacrifices during your cohabitation and your cohabiter benefited from the sacrifices. Maybe you dropped your plans for further education so that you could take care of your kids or you paid for your cohabiter's college education. In such a case, you deserve palimony since you won't be enjoying the fruits of your sacrifices.

Reach out to a professional in family law for more information. 


Share