Is Alimony Possible in Common Law Marriages?

Schon added, "If the family law court decided that there was no legal marriage, then the only option is a palimony suit."

The action of palimony is a civil action recognized by an estimated 30 states in the view of Cary W.Goldstein, a Beverly Hills, Calif., attorney. " It is a breach of contract matter," that varies between states. "Texas, for instance, requires the agreement to be in writing."

In states that recognize palimony, there is variance in the factors that are taken into consideration by the court and the weight that these factors are given:

• Cohabitation
• Length of the relationship
• Commitment between partners that one would financially provide for the other for life
• Promises between partners that can be proven
• Written financial agreements
• Ability of the plaintiff to support themselves financially
• Giving up a career to provide services such as care of the home or children
• Sacrifices made by one partner to put the other partner through college
• Disparity in income

The complexity, variance in laws between states and intertwining of alimony for a common law marriage or palimony necessitates that you consult with a family law attorney having deep knowledge in these specializations should the relationship end in a non-common law state.


TIPS FROM THE ATTORNEYS

1. Gather documentation.
Chang Rickert suggested, "Keep all documents supporting your common law marriage in a safe place.

2. Register your common law marriage.
Schon stressed, "If a couple fulfilled the requirements of a common law marriage where common law marriage were recognized and now the couple resides in a state that does not recognize couple law marriage, the first thing to do is register the marriage in the county they current reside."

3. Keep track of promises of financial care.
McFadden-DiNicola advised, "This is a very narrow area of the law, at least in New Jersey. To succeed on palimony in New Jersey, you need to have a marital-type relationship, a promise to take care of the person for life, consideration for the promise and cohabitation." [Note: The requirement for cohabitation is currently under review by the NewJersey State Supreme Court.]

4. Know what you've given up.
Chang Rickert added, "Palimony is based on a promise, so there must be consideration. If you can show detriment such as giving up of a career, it will help you." McFadden-DiNicola cautioned, "Clients, and attorneys representing these clients, really need to think expansively about their claims for relief in order to have the courts provide them with the equitable result they deserve.

5. Make sure the fight is worth it.
Schon asserted, "Such cases are very expensive to litigate and only get more expensive when proceeding to a palimony suit."


Bruce McCracken is a seasoned journalist. McCracken has an MA in communications from the University of North Texas.