Palimony is a similar idea to alimony for married couples. Palimony is essentially some sort of compensation when the relationship of a non-married couple comes to an end. California technically does not have palimony laws because this state does not recognize common law marriages. Without being married, neither party in a couple has rights to palimony. As with many rules, there are exceptions to this. The first exception would be if a couple had a common law marriage created in a state where they are recognized. California does recognize these types of common law marriages, making palimony possible in these cases.
Another exception is if one or both parties in a relationship had reasonable belief that they did indeed enter into a valid marriage, but for some reason the marriage was void. This type of situation involves what is known as a 'putative' spouse. A putative spouse is not the term for parties in a common law marriage, this term describes someone who went through the motions to get married, but something went wrong in the process. Someone with this status is entitled to share any property that was acquired during the invalid marriage under the community property laws in California. A putative spouse may also be eligible for spousal support and marital-type rights throughout the process.
The other way that palimony is possible in California is if a couple creates an agreement wherein they treat their assets as community property or promise lifetime support. In this situation, the parties are not entitled to support under California law, but the contract can give them rights. The contract may include provisions regarding support for the other person, and this has come to be termed palimony. A
cohabitation agreement like this can protect individuals who choose to be in a relationship without marrying. If you have any further questions regarding palimony or support in relationships,
contact me at the Law Office of Rick D. Banks. To schedule a no obligation consultation, call
(559)222-4891.
