What is Palimony?

When a married couple ends their relationship and parts ways, either spouse can seek spousal support (also known as alimony). Spousal support is typically based on factors such as marital assets, income, and other financial factors to help ease the financial stress of divorce on the lower-earning spouse. What happens when an unmarried couple separates after years of sharing finances and assets? Some states allow a palimony claim from a party who needs financial assistance at the end of a relationship. 

Palimony requires payments from one partner to another after a relationship, when they have cohabited for years but were never legally married. Some states allow palimony, others don’t. Florida law does not recognize palimony. However, a Florida court might consider a palimony complaint if a couple entered a common-law marriage recognized by another state. An experienced Orlando alimony and spousal support lawyer can help you understand your legal options in Florida. 

What Is the Difference Between Alimony and Palimony?

Alimony, also known as spousal support in Florida, is a type of financial support a partner in a marriage can receive after the relationship ends. Spousal support under Florida law depends on certain factors such as: 

  • The length of the marriage
  • The age and health of both partners 
  • The ability of each spouse to earn income 
  • The assets, liabilities, and financial resources available to each spouse
  • The standard of living both spouses enjoyed during the marriage 
  • Any tax impacts on either party of paying or receiving alimony 

Alimony is a financial obligation from one partner to the other after a marriage terminates. The overall goal is to promote fairness and allow the party in a weaker financial position to move on from the marriage with some financial assistance. Alimony recognized that one spouse might have performed most duties involving child care and homemaking, while giving up career and financial opportunities in the process. One partner can also struggle to find employment on their own after the marriage ends. Spousal support provides financial support in such an event. The support award can be temporary. 

The same principles are true for palimony. Palimony seeks to keep both partners on fair financial footing after a long relationship ends. Just as in a marriage, unmarried couples might accumulate and intertwine financial assets, real estate, and other resources during a relationship. However, if the couple was never married, alimony or spousal support can not be awarded by a court. Instead, a couple can seek palimony but only under limited legal circumstances. 

When Can Palimony Be Recognized in Florida?

If a couple has a valid common law marriage from a different state, but separates in Florida, a Florida court can acknowledge the common law marriage and consider awards of palimony. In such a case, the court would generally apply the same factors that are used when deciding spousal support. 

Which states recognize common law marriage? A couple’s relationship could be considered a common law marriage in the following states: 

  • Alabama
  • Colorado
  • District of Columbia
  • Georgia (if the relationship began prior to January 1, 1997)
  • Idaho (if the relationship began prior to January 1, 1996)
  • Iowa
  • Kansas
  • Montana
  • New Hampshire 
  • Ohio (if the relationship began before October 10, 1991)
  • Oklahoma (in certain circumstances)
  • Pennsylvania (if the relationship began before January 1, 2005)
  • Rhode Island
  • South Carolina
  • Texas
  • Utah

Each state follows its own requirements to observe common law marriage, depending on the length of the relationship, cohabitation, and other factors. Florida does not recognize common law marriage and will not award palimony except in very limited circumstances. 

Contact an Orlando Divorce and Alimony Lawyer To Learn More

Married couples can be entitled to alimony, or spousal support, in Florida at the end of a marriage. Certain factors will be used to measure the amount of spousal support in each case. In some situations, a Florida court can consider palimony for unmarried couples who have cohabited and share a common law marriage from another state. Contact an experienced Orlando, FL divorce attorney to learn more about your legal rights and options. 

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803