Under California’s ‘palimony’ system, in the event of the separation of an unmarried but cohabitating couple, one separating partner may owe the other partner financial support (‘palimony’). The rules for ordering palimony are different than the rules for ordering alimony in a divorce case, and the purpose is different as well. 

No Common Law Marriage in California 

Unlike some states, California does not recognize “common law marriage.” This is a practice whereby certain couples are considered legally married without solemnization of marriage through ceremony or licensing, simply by virtue of having lived together and having carried on a conjugal relationship for a certain number of years. 

The Family Courts Are Not Involved in ‘Palimony’ Cases

In California, traditional alimony (“spousal support”) claims are adjudicated by the family courts incident to a divorce proceeding. Because there is no common law marriage in California, however, ‘palimony’ claims are not addressed by family courts. Instead, they are treated as contract claims between a couple concerning the disposition of their property, and oral contracts are enforceable if they can be proven.

Cohabitation

Do the parties to a palimony lawsuit need to have lived together for the claim to be successful? One one hand, it would seem strange if this was not a requirement. Because if cohabitation were not a requirement, any dating relationship could become subject to a palimony claim. On the other hand, if cohabitation were a requirement, the law would create a class of contracts that could only be enforced if the parties lived together.

Although the issue of whether a couple must have cohabitated for a palimony claim to be successful is controversial in legal circles, in practice, it is very difficult to win a palimony claim without cohabitation. This is because a legally valid contract must take the form of a bargained-for exchange of value.

What Is “Consideration”?

In a  legally binding contract, both parties must have provided something of value to the other –  a promise to give a gift, for example, is not considered a legally binding contract. In other words, each party must provide “consideration” (a specialty legal term). 

If the couple lived together, the party seeking palimony might argue that his or her “consideration” for the contract was the provision of domestic services. In fact, this is the usual basis of a palimony lawsuit, which is why cohabitation makes a stronger case for a palimony claim. Keep in mind, however, that “sexual services” cannot be used as ‘consideration,’ because recognizing sexual services as ‘consideration’ would be tantamount to legalizing prostitution.  

Differences between Palimony and Alimony

There are two major differences between alimony and palimony in California – other than how they are proven:

  • Alimony is used to allow a divorcing spouse to continue the same standard of living, while palimony is merely used to ensure the financial survival of the claimant. Consequently, palimony awards tend to be smaller than alimony awards.

  • Unlike alimony obligations, palimony obligations are dischargeable in bankruptcy.

Get Started Today

If you believe that you may be liable for palimony, or if you wonder whether you are entitled to any, telephone CKB Vienna today or contact us online to schedule a consultation where we can discuss your concerns and answer your questions. We serve clients in Rancho Cucamonga, San Bernardino County, Los Angeles County, Orange County, and Riverside County.

If you feel that you may be eligible for Pallimony, please don’t hesitate to call CKB Vienna today. Learn how our dedicated attorneys can help you!