Palimony Attorney In The Bay Area

Palimony support is an option when an unmarried couple separates. In California, married couples are not the only ones eligible for alimony at the end of a relationship. Thanks to a 1976 California Supreme Court case called Marvin v. Marvin, nonmarried partners have a right to seek financial support and the equitable division of shared property in a way that resembles the financial obligations faced during the dissolution of a marriage. Such a claim is formally known as a “Marvin action” or “Marvin claim,” named for the Supreme Court case. Informally, this is sometimes also called “palimony” – a contraction of “pal” and “alimony.”

At Sabharwal Law Offices, I understand that families come in many shapes and sizes. I have significant experience with both married and unmarried couples who have a need to formally end their relationship, including a legal and orderly accounting of the financial obligations that may persist after a relationship has ended. If you have questions about how palimony can affect your finances, come to my Berkeley office for a consultation. I’ll help you understand your options.

Step-By-Step Guidance Through The Palimony Process

I have worked with parties seeking to receive financial support from an ex-partner and also with parties who have been asked to provide that support. In either case, the greatest hurdle to establishing palimony support is documenting the financial relationship between parties, since these parties are not already formally connected by marriage.

Some of the questions I will ask to help determine if palimony is an option in your case include:

• How long did the two parties live together?
• Did one of the parties financially support the other party?
• Did both parties contribute toward the purchase of real estate or other assets?
• Did one of the parties perform valuable services for the other, or for a company owned by that party?
• Did the two parties co-own a business or otherwise work together to create or enhance anything of value?
• Did the parties have any expressed or implied agreement regarding property sharing or support?

Parenting Issues With Unmarried Couples Who Separate

Establishing child custody for an unmarried couple that is separating can be more complicated than when married parents get divorced. Unlike married parents, California law does not presume that the father or nonbiological mother is a child’s legal parent. If they wish to have child custody and other parental rights, they must prove paternity, generally through genetic testing or by providing a signed voluntary declaration of parentage. Otherwise, the court will not recognize that parent’s legal rights over the child and will grant the biological mother sole custody.

Aside from paternity, child custody and child support matters proceed similarly for an unmarried couple as they would have had they been getting divorced. If the parents cannot work out custody between themselves, they will go to court, where the judge will operate under the legal presumption that it is in the child’s best interests for their parents to share joint custody. If you disagree, you can present evidence showing that sole custody is the best option for your children and that your co-parent should receive limited or no parenting time. Meanwhile, child support is guided by a formula that accounts for each parent’s monthly income, the number of children involved and other factors.

As a certified family law specialist in California, I have the skill and knowledge you need to ensure your parental rights are respected and your children have a custody and support situation that allows them to thrive in the years to come.

Frequently Asked Questions About Palimony

If you want to learn more about palimony rights, read the following answers below:

What are the requirements for a palimony claim in California?

One of the biggest requirements to claim palimony in California is to prove the existence of a written, verbal, or implied shared financial agreement or financial support arrangement between unmarried couples.

The person filing the palimony claim will generally need to show that they were financially dependent on the other party during their relationship, there were shared financial accounts or investments and the filer sacrificed their career or education as part of their arrangement. A palimony claim is typically not valid based solely on a sexual relationship.

How long do I have to be in a relationship to be eligible for palimony in California?

Unlike spousal support, which can be influenced by the length of a marriage, palimony does not technically have a minimum relationship duration to be awarded. A filer can potentially receive palimony if they can prove the existence of a financial support agreement and financial dependency in their relationship with the other party.

However, on a practical level, it can be harder to obtain palimony for short-term relationships. A palimony claim is generally better supported by evidence of a long-term relationship between an unmarried couple, including proof of cohabitation, financial interdependence and jointly held assets.

How is the amount of palimony determined in California?

Courts may enforce a palimony agreement based on the existence of a financial support agreement between unmarried couples. However, the amount of palimony a person may be entitled to receive is often based on the original terms of a written, oral or implied contract. If financial support was implied or vague, a court may consider multiple factors to determine the amount of palimony, including the length of the relationship and career sacrifices.

Can same-sex partners claim palimony in California?

Yes. Same-sex partners have the same right to file a palimony claim as heterosexual couples if it can be proven that there was a financial promise. The requirements to file for palimony are typically the same regardless of whether a relationship involved the opposite or the same sex.

Navigate Your Separation With The Help Of An Experienced Lawyer

Call me at 510-665-8777 or contact me online to schedule a consultation in my Berkeley office. I represent clients in Alameda County, Contra Costa County, San Francisco and elsewhere in Northern California.