Buying a house together is not the only way unmarried couples build a life together. Many couples spend years sharing finances, supporting each other’s careers, raising children, building businesses, or making financial sacrifices for the relationship. Some people leave jobs to support their partner. Others contribute homemaking services, help grow a business, or support a partner while they pursue career opportunities. But what happens when the relationship ends? Many people assume that because they were never married, they have no legal rights against a former partner. In some situations, that may not be true. That is where the term “palimony” comes in.
What Is a Palimony Suit?
A palimony suit is a lawsuit between unmarried romantic partners involving financial promises, property rights, or support obligations that allegedly arose during the relationship. The word “palimony” became popular after the California Supreme Court case Marvin v. Marvin. In that case, Michelle Marvin alleged that actor Lee Marvin promised to financially support her and share property accumulated during their relationship. (Marvin v. Marvin (1976) 18 Cal.3d 660, 666).
According to the complaint, Michelle Marvin gave up her career to devote herself full-time to the relationship while the couple lived together for several years. She alleged that the parties agreed to combine their efforts and share equally in property acquired during the relationship. Id. When the relationship ended, Michelle Marvin filed suit. The California Supreme Court ruled that agreements between unmarried partners may be enforceable, so long as the agreement is not based solely on sexual services. Id at 669. The Court explained that unmarried couples may enter agreements regarding earnings, property rights, financial support, or other economic arrangements. Id at 674. Today, these types of claims are commonly referred to as “palimony” claims.
What is Required for Palimony?
Usually, cohabitation is an important part of many palimony cases. However, California courts have recognized that cohabitation does not always require a full-time living arrangement. In Cochran v. Cochran, the court explained that requiring “full-time cohabitation” in every case could defeat the reasonable expectations of couples who maintain stable, significant relationships while living together less than full time. (Cochran v. Cochran (2001) 89 Cal.App.4th 283, 286). Every case depends on its specific facts.
While some palimony claims involve written agreements, others are based on oral promises or the conduct of the parties during the relationship.
In Marvin, the California Supreme Court explained that courts may look for implied agreements, partnerships, joint ventures, or other equitable arrangements based on the parties’ conduct. (Marvin v. Marvin (1976) 18 Cal.3d 660, 684).
What Types of Contributions Matter?
Many people mistakenly believe a palimony claim only exists if one partner directly paid money toward property. That is not true.
California courts have recognized that contributions may include:
- Homemaking services
- Helping operate a business
- Providing administrative support
- Managing finances
- Caring for children
- Supporting a partner’s education or career
- Giving up employment opportunities
In Whorton v. Dillingham, the court discussed an oral agreement involving services such as business assistance, secretarial work, chauffeuring, counseling, and other contributions made during the relationship. (Whorton v. Dillingham (1988) 202 Cal.App.3d 447, 454). The court explained that agreements involving lawful consideration independent of sexual services may still be enforceable. Id.
Why These Cases Can Become Complicated
Palimony cases are often emotionally charged. One person may believe they helped build a shared life for years. The other may argue there was never any promise to share assets or provide support.
These disputes may involve:
- Real estate
- Bank accounts
- Businesses
- Retirement accounts
- Luxury purchases
- Long-term financial support
- Property ownership disputes
In some situations, a palimony dispute may also overlap with partition actions involving jointly owned property. For example, if Julie and Sean jointly purchased a home during the relationship and later disagreed about selling it, one party may pursue a partition action to force the sale of the property while also litigating separate financial claims arising from the relationship. CCP § 872.210.
A Common Example
Imagine this: Julie and Sean were together for more than ten years. They never got married, but they built a life together. Sean started a real estate investment business while Julie worked full-time. Julie helped manage properties, handled bookkeeping, coordinated repairs, answered tenant calls, and supported Sean financially while the business was growing. Over time, Sean became financially successful. The couple lived together in a large home in Newport Beach. Sean repeatedly told Julie that “everything they built together” would belong to both of them. Eventually, the relationship ended. Sean suddenly claimed that because they were never married, Julie had no rights to anything. Julie disagreed. She believed Sean made promises regarding financial support and shared property. She also believed she made significant sacrifices that helped Sean build wealth during the relationship. In some situations, a person in Julie’s position may pursue a palimony claim.
Conclusion
Ending a long-term relationship can create serious financial disputes, even when the parties were never married. California law recognizes that unmarried couples may enter agreements regarding property rights, financial support, and shared assets. In some situations, those agreements may be enforceable through a palimony lawsuit. (Marvin v. Marvin (1976) 18 Cal.3d 660, 674). Whether a claim exists depends on the specific facts of the relationship, including the parties’ conduct, financial arrangements, contributions, and promises. If you are involved in a dispute involving property, financial support, or promises made during a long-term nonmarital relationship, speaking with an experienced attorney can help you understand your rights and potential claims.
