Law Office Of Paulette Hamilton Divorce Lawyers | July 3, 2025 | Orlando Divorce and Family Law Blog
In family law, most people have heard of alimony—the court-ordered financial support one spouse pays to the other after a divorce. But what about palimony? If you’re in a long-term relationship without being legally married, you might wonder whether you have any rights to financial support if you separate.
Palimony is a term popularized in the 1970s to describe financial support paid by one unmarried partner to another after a breakup. Unlike alimony, which is governed by clear statutory guidelines in divorce cases, palimony is far less straightforward, especially in Florida.
What Exactly Is Palimony?
Palimony is not a formal legal term in most state statutes, including Florida. Instead, it is a nickname coined in the landmark California case Marvin v. Marvin (1976), where an unmarried partner sought financial support after the relationship ended.
The idea behind palimony is that long-term cohabiting partners might have made promises to support each other financially, even without marriage, and those promises could be enforceable, typically as a contract claim.
However, whether you can actually claim “palimony” depends entirely on state law. Different states treat these claims very differently.
Is Palimony Recognized in Florida?
Here’s the critical answer for anyone living in Florida: Florida does not recognize palimony in the same way some other states might. Unlike California, there is no statute or family court procedure in Florida that awards support simply because two people lived together unmarried.
Florida’s courts have repeatedly confirmed that there is no common law marriage in Florida (except for very old relationships predating 1968, or valid common law marriages from other states recognized under Full Faith and Credit).
Florida law also prohibits enforcing contracts that are based purely on sexual relationships without other valid consideration. That said, contractual claims between unmarried partners are possible in some cases.
If the partners had an explicit or implied agreement about sharing assets, dividing property, or supporting each other financially, a Florida court might enforce those terms under general contract principles, but there is no automatic entitlement to “palimony” like alimony in divorce.
What Does Florida Law Say About Cohabitation Agreements?
While Florida doesn’t offer palimony through family courts, there is a path for protection: Cohabitation agreements.
Florida law allows unmarried partners to make legally enforceable contracts about property rights, support obligations, or other financial matters, so long as the agreement has valid consideration and is not based solely on sexual services.
That means if you and your partner want to clarify financial expectations while living together, you can negotiate a written cohabitation agreement covering:
- How you’ll share expenses
- How jointly purchased property will be divided
- Whether either partner will pay support if you separate
Without such an agreement, Florida courts are limited in what they can award if you break up. Generally, each partner keeps assets in their own name, and there is no duty of ongoing financial support.
What Happens to Jointly Owned Property?
Another key question for unmarried couples is what happens to joint property. Even without a formal palimony right, Florida law still allows courts to resolve property disputes between unmarried partners.
If you jointly own real estate, bank accounts, or vehicles, the court can divide or partition those assets according to ownership shares. This is usually handled in civil court, not family court, and follows normal property law rules.
It’s critical to keep good records of contributions, titles, and any written agreements to protect your interests.
How Can a Family Law Attorney Help?
If you’re living with a partner in Florida—or planning to—it’s smart to consult an experienced family law attorney. While Florida doesn’t have a built-in system for palimony, you can still protect yourself with careful planning.
A family law lawyer can help you every step of the way. They will assist in drafting a clear, enforceable cohabitation agreement, clarify property ownership and division in advance, and help navigate disputes over jointly owned assets.
Contact our Family Law and Divorce Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a free consultation with our experienced Orlando family law attorneys.
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