Palimony is the legal division of property and financial assets upon termination of a live-in relationship when the parties were never legally married. While the term palimony isn’t used in courts, it’s commonly used because of the word palimony’s association with alimony. Let’s look at the differences between palimony and alimony, plus show you who is entitled to this support.
Palimony vs. Alimony
Alimony is the court-ordered support for a spouse after a divorce occurs. In comparison, palimony is just like alimony, except for the unmarried couple that lived together but recently split up.
Palimony agreements are legal contracts determining the compensation that a party is entitled to if the couple separates. With a palimony agreement, people that are part of a live-in relationship are protected, even though they are not married.
Who Is Entitled To Palimony?
Typically, there are only two cases when a person can receive palimony. The first case involves putative spouses, which means that someone believes they were married, even if they weren’t. This often happens when a marriage occurs, even when one partner is still legally married. The second case is when a contractual relationship occurs, with both parties agreeing on certain promises.
Can I Get Palimony If I’m Not Married?
There are times when alimony is granted to a person in an unmarried couple. Palimony is just like alimony because it is a support payment to one party. However, it’s designed for unmarried partners that split up. If you’ve lived together and separate, one of you might be eligible for alimony payments.
Putative vs. Palimony
The term putative refers to a marriage that occurs, even when it shouldn’t have. The putative spouse has nothing to do with palimony, other than one spouse might be eligible for support in these circumstances. Putative spouses entered into a marriage they believed to be legal and cohabited with the spouse, but the marriage was not binding due to a prior marriage or other circumstances.
Palimony In Colorado
Colorado has ruled on palimony cases in the past. While the law is silent on the issue, you can still claim support. However, there is no guarantee that you will be awarded the support. Alimony is determined at a much higher success rate than palimony, but that shouldn’t keep you from trying in some situations. For the best chance of success, you should have a qualified lawyer on your side.
Several states have palimony cases on their court records.
- New York
- South Carolina
How To Protect Myself From Palimony
Avoid any chance of facing a palimony suit by keeping your bank accounts and property holdings separate from one another until you are married. If you decide to get married later, it isn’t difficult to transfer these accounts for joint ownership. If you want more advice on palimony protection, talk to our experienced team.
How Do You Get Palimony?
If you want to file a palimony suit in Colorado, you will need to file a court petition regarding the intercouple promise you received. Then, the court will determine if it can enforce your claim. This court will need to be in the area where you lived together when you were a couple.
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Thomas Ramunda Jr. has 25 years of experience dealing with divorce, child custody, alimony, and palimony claims. Whatever your needs are, you can trust his experience to quickly and efficiently get the resolution you desire.
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