When married couples divorce, the lower-earning spouse is sometimes entitled to alimony, sometimes called spousal support. But what happens when an unmarried, cohabiting couple splits up? In some cases, the lower earner may receive “palimony.” Here’s what you need to know about this alternative to alimony and how it works.
A Brief History Of Palimony
Palimony is a combination of the words “pal” and “alimony.” It’s not an official legal term, but it became a popular colloquialism after a 1976 legal case where actor Lee Marvin and longtime girlfriend Michele Triola split.
Ordinarily, non-marital breakups don’t make it to the courtroom. However, in this case, Triola sued Marvin, claiming that he had promised her financial support and half of his earnings if she moved in with him.
There was no written agreement, but ultimately, the California Supreme Court sided with Triola. The court held that even though there was no agreement in writing, the couple had effectively created an implied contract — and, therefore, Triola was entitled to the non-marital equivalent of alimony, or “palimony.”
Do All Courts Recognize Palimony?
Because palimony is not technically a legal concept, different courts take different approaches to it. Many courts recognize it as long as there is a valid agreement. Depending on the individual court, a “valid agreement” may be one or more of the following:
- Written Agreement: a written contract between the parties
- Express Oral Agreement: an explicitly stated (but unwritten) agreement
- Implied Agreement: an agreement formed by the actions of the parties rather than words
If you are in a non-marital, cohabiting relationship, you shouldn’t count on being awarded palimony by a court — even if you and your partner have a written agreement. Whether that agreement is legally enforceable depends on where you live, the circumstances of your relationship, or both.
Can You Get Palimony After A Breakup In Florida?
Many states recognize palimony in some form or another, but Florida does not. This means that if you’re in a long-term partnership where you become financially dependent on your partner, you won’t be able to recover compensation based on that fact alone.
Is there any way to protect your interests going into a cohabiting relationship? Possibly. While Florida doesn’t recognize the concept of palimony, it does recognize contracts. You may be able to create a contract clearly outlining the financial rights and responsibilities of each party in the relationship.
This kind of contract is similar to a prenuptial agreement, but in Florida, it’s treated similarly to a business contract. Given the uniqueness of the situation, it’s best to create the contract with the help of an attorney focused on family law or divorce.
How Is Palimony Different From Alimony In Florida?
If you and your partner create a contract stating one will award the other palimony in the event of a breakup, you can set your own terms, though courts may scrutinize the agreement if it appears grossly unfair or one-sided. Like any other business contract, you can set whatever terms you choose as long as both parties agree.
However, if you’re divorced in the state of Florida and alimony is involved, there are four types to choose from:
- Temporary alimony
- Durational alimony
- Bridge-the-gap alimony
- Rehabilitative alimony
Florida used to have permanent alimony as an option. However, it was abolished in 2023. Here’s a brief overview of the types of alimony Florida may award you or your spouse in a divorce.
Temporary Alimony
Temporary alimony is very short-term alimony awarded to a lower-earning spouse during the divorce process. It helps level the playing field during legal proceedings, but it’s only awarded if the lower-earning spouse can prove financial need and the higher-earning spouse can afford it.
Durational Alimony
Durational alimony is awarded by the court for a defined period of time. However, the total duration may not be longer than the total length of the marriage.
Bridge-The-Gap Alimony
This type of alimony is fairly uncommon. It’s given to lower-earning spouses to help them transition from marriage to divorce. For instance, it might be awarded until the lower-earning spouse secures full-time employment.
Rehabilitative Alimony
This uncommon form of alimony is awarded to a lower-earning spouse who has a demonstrated plan to attend college or career training. The spouse must be able to provide a clear breakdown of the costs of the plan.
Contact An Orlando Family Law Attorney For A Consultation
Given the fact that Florida grants far fewer rights to unmarried, cohabiting couples than to married couples, it’s understandable that you may be concerned about protecting yourself in a long-term partnership. At the Law Office Of Paulette Hamilton Divorce Lawyers, we’ve spent more than 15 years helping Florida couples and families secure their futures.
Whether you’re dealing with a family law issue or trying to prevent one from happening, our Orlando family law lawyers can offer support, guidance, and advice. Call us or contact us online today to get started at (407) 420-2311.
