Some relationships look just like a marriage, minus the marriage certificate. Many couples spend years together, building lives, homes, and finances without ever making it official. But when those relationships fall apart, what happens to the partner who was financially dependent?
That’s where palimony comes in.
What Is Palimony?
Palimony is financial support that one partner may be required to pay another after a breakup. The term itself was coined in 1976 during the landmark Marvin v. Marvin case, combining “pal” (referring to a friend or unmarried partner) with “alimony,” to describe support payments for unmarried partners. However, unlike alimony, palimony is not a statutory right under California law.
Because there is no marriage involved, palimony cases are not handled in family court. Instead, they fall under contract law, meaning they are treated as civil disputes rather than divorce proceedings.
Some key things to know about palimony in California:
- It is not guaranteed, even in long-term relationships.
- There must be evidence of a financial agreement.
- The burden of proof is on the person seeking support, not the person being asked to pay.
The Case That Started It All: Marvin v. Marvin Palimony
Few legal cases have shaped relationship rights as profoundly as Marvin v. Marvin. In the early 1970s, Michelle Triola Marvin and actor Lee Marvin ended their six-year relationship.
Though never married, Michelle claimed Lee had promised to support her financially for life.
The case went to the California Supreme Court. The ruling didn’t give Triola any money, but it did confirm that unmarried partners could enforce financial agreements, even if they were made informally.
This meant that if one partner could prove that a promise of financial support had been made, the court could enforce it like any other contract.
Palimony vs. Alimony: Key Differences
The key difference between palimony and alimony comes down to a marriage certificate. Alimony, also known as spousal support, is available only to legally married individuals going through a divorce or legal separation.
It is handled by family courts under California’s statutory guidelines, where judges consider factors like the length of the marriage and each spouse’s financial situation.
Palimony, on the other hand, is not governed by family law. Instead, it is treated as a civil contract dispute, meaning the person seeking support must prove that a financial agreement existed.
Because there is no marriage to establish automatic rights, palimony cases face greater legal scrutiny and require stronger evidence than alimony claims.
Who Is Entitled to Palimony in California?
Not every long-term partner can claim palimony. Some of the main requirements include:
- A long-term relationship that resembled a marriage
- An agreement, written, verbal, or implied, that financial support would be provided
- Proof that one partner financially depended on the other
- Evidence that the dependent partner sacrificed career opportunities or income
- Financial interdependence – Shared accounts, joint investments
There is no automatic right to palimony, and courts carefully examine the facts of each case.
How Palimony Works in California Courts
To win a palimony case, the person seeking support must prove an agreement existed between the partners. This means showing:
- There was an offer (“I’ll support you”)
- The offer was accepted
- Something of value was exchanged (called ‘consideration’), such as one partner giving up their career with the expectation of lifelong financial support.
- Both parties intended this to be a binding agreement
California courts will not enforce agreements based solely on romantic companionship or sexual services. The agreement must involve financial promises that reflect a contractual intent rather than a personal relationship.
Evidence that can help prove a case includes:
- Written contracts or legal agreements
- Text messages or emails where financial promises were made
- Bank records, shared property, or financial documents showing dependency
- Witness testimony from people who knew about the arrangement
If there’s no written agreement, courts might recognize an unwritten (implied) agreement if a couple’s actions clearly show they had a financial arrangement. However, these cases are tough to prove, and simply living together or sharing expenses isn’t enough.
How to File for Palimony in California
If you’re considering pursuing a palimony claim in California, these key steps can help guide your path:
- Consult with a specialized attorney – Palimony cases require expertise in both family and contract law
- Gather comprehensive documentation – Collect financial records, correspondence, photos, and other evidence of your relationship agreements
- Identify potential witnesses – People familiar with your relationship and any promises made can provide crucial testimony
- Attempt pre-litigation resolution – A demand letter outlining your claim might lead to settlement discussions
- File a civil complaint – Your attorney will draft and file the appropriate legal documents with the civil court
- Engage in discovery – Both sides exchange information and evidence through formal legal processes
- Consider mediation – Many palimony cases are resolved through structured settlement discussions
- Prepare for trial if necessary – If settlement isn’t possible, your case will proceed to a bench trial (not jury)
Finding the right legal representation makes a tremendous difference in palimony cases. Look for attorneys with specific experience in non-marital relationship disputes rather than general family law practitioners.
California Palimony Statute of Limitations: Timing Matters
Palimony claims in California are based on contract law, not family law. This means that the statute of limitations depends on whether the agreement was written or verbal:
- Written Agreements – Governed by California Code of Civil Procedure § 337, which sets a four-year statute of limitations for breach of a written contract.
- Oral Agreements – Governed by California Code of Civil Procedure § 339, which imposes a two-year statute of limitations for breach of an oral contract.
The countdown typically starts when the alleged breach occurs. This is usually when one partner stops providing financial support that was previously agreed upon, or the relationship ends, triggering the financial obligation that was promised.
Some exceptions exist: If the breach wasn’t immediately obvious, the clock may start when the claimant discovers it. If the paying partner makes partial payments or acknowledges the financial obligation in writing, the time limit may reset.
In cases of fraud or pressure, where one partner was misled or prevented from filing, courts may pause the deadline, giving the claimant more time to take legal action.
Given these complexities, consulting with an attorney soon after a relationship ends provides the best protection.
How to Protect Yourself from a Palimony Claim
For those who want to avoid a surprise palimony lawsuit, the best protection is a written cohabitation agreement. These agreements outline whether financial support will be provided and under what conditions.
Other ways to prevent a claim include:
- Keeping finances separate (no joint accounts, shared property, or financial entanglements).
- Avoiding verbal promises of lifelong financial support.
- Clearly defining financial expectations before moving in together.
While palimony claims aren’t automatic, a well-documented case can succeed, making it essential to plan ahead.
Bottom Line: Be Informed and Plan Ahead
Understanding palimony rights and responsibilities becomes increasingly important as more couples choose cohabitation over marriage. Whether you’re seeking to establish a claim or protect against one, knowledge truly is power.
For those entering non-marital relationships, particularly where significant assets or income disparities exist, proactive planning proves far more effective than reactive litigation.
Clear agreements, whether formal contracts or well-documented discussions, provide certainty that benefits both partners regardless of relationship outcome.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every family law case is unique, and outcomes depend on individual circumstances. Legal representation with Provinziano & Associates is established only through a signed agreement.
For personalized advice, please contact our team at 310-820-3500 to schedule a case evaluation.
