WHAT IS CALIFORNIA PALIMONY
CALIFORNIA PALIMONY is similar to spousal support, but the couple were living together and were not married. A partner can recover based on contractual agreement if the proper evidence will be presented in the court
California Palimony is like spousal support, also known as alimony. However, Alimony is awarded to the ex-spouse, and Palimony is awarded to couples who were never legally married.
For example, if a Boyfriend and a Girlfriend live in the same dwelling with each other and then they break up, one of them could file a claim for support similar to what the spouse would claim during the divorce. In addition to California Palimony, one of the partners can ask the court for the division of the assets they acquired during their life together.
FACTORS TO CONSIDER WHETHER TO AWARD CALIFORNIA PALIMONY
There are many factors that can contribute to such claims. For example, how long were they living together, whether or not there were sexual relations, do they have minor children from this relationship. The most important factor is whether there was an agreement between them about the California Palimony ( support in case the relationship would break down). The agreement does not always have to be explicit, it can be implied under certain circumstances.
California Palimony law based on the Common Law Marriage concept. . Generally, the State of California does have not recognized common-law marriages with an exception if a common-law marriage was legally established in a State which recognizes common-law marriages and the couple resides in the State which recognized it.
In order to receive Spousal Support when you are divorcing, you must meet the requirements of a valid marriage. California Palimony is a legal concept that gives similar rights to non-married couples in some cases. California Palimony was recognized due to a 1976 Supreme Court ruling in the case Marvin v. Marvin. Unlike Alimony, Palimony is not considered in the scope of family law and is not guaranteed by law in some cases. California Palimony is Civil law claim rather than a Family law claim. Claim for California Palimony is considered in the scope of contract law because there was no family formed but some contractual relationship took place. Before showing you’re your partner has breached the contract, you have to prove that there was a contract formed. If there is no written contract, there must be some oral contract which is generally not easy to prove. You have to show detrimental reliance on the part of the claimant – some action that she/he changes her position relying on the promise made by her partner. Bear in mind that the contract law claim is more difficult to handle than family law court because the burden of proof is clear and convincing evidence.
The importance of proper Evidence in California Palimony cases
As we have mentioned above California Palimony requires proper evidence of a contract or agreement to support the partner The party seeking California Palimony has to prove that there was such a partnership that was agreed on and that the contract was breached. Some cases are easy to prove with written contacts, letters, emails. However, most cases do not have such written evidence. The testimony of the witnesses might be admissible as well. It is important to understand that the evidence presented in the court should comply with the rule of admissibility. That why you should consider an attorney to help to handle California Palimony cases. You need someone who knows the rules of evidence to be sure you will present admissible evidence.
If you don’t have written evidence or cannot prove oral evidence with witnesses, you might consider evidence of cohabitation. The examples of evidence of cohabitation are holding yourselves as husband and wife to the public, co-signing major acquisition such as real estate, vehicles, taking credit cards on both names, comingling money having a joint bank account, having your partner as your life insurance beneficiary, the beneficiary of your retirements and other accounts.
California Palimony – What if we were cohabitating and get married after that?
California Palimony way still applies even if the partners become married after living together a certain period of time. The spouse would file two separate claims one for spousal support in family law and another for California Palimony under the breach of contract.
California Palimony – What if I didn’t know that we were not legally married?
In some cases, one of the partners might honestly believe that he/she is married. However, if there were some defects in one of the partner’s previous divorce process and the status has not restored to the status of single, the marriage is not legally valid. Another more common case scenario is one of the partners is intentionally misrepresent that he or she is married. In this situation, the person who believed he /she was legally married can recover under a completely different theory called “ putative spouse”.
California Palimony may also apply to same-sex couples.
A Cohabitation Agreement is a good decision if someone wants to live with someone unmarried but still wants to retain some rights in case the relationship falls apart. This allows you to split your property in a way you can both agree on and not have to follow the legal rules of a divorce and can be a fallback if one of the partners run into financial issues.