What is Palimony? Does Palimony in Michigan exist?
Palimony is basically alimony for unmarried cohabitants who have resided together for an extended time. Palimony involves the ongoing, Court ordered payment of support for a party whose relationship has dissolved. A palimony lawyer can be of assistance.
Palimony is the division of finances and property for unmarried parties. These parties have cohabitated or lived together for an extended time. Palimony cases are a complicated area of family law. Talk to experienced Michigan family law attorneys.
Palimony cases often come up when an unmarried couple resides together as husband and wife but never actually married. It frequently involves very long term relationships that can go on for decades. The period of cohabitation varies but the longer the term, the more likely it that palimony will be awarded. An experienced lawyer can assist you in reviewing is palimony is appropriate.
When the parties break up or separate, there is often a claim for support. This claim of support is considered palimony. Palimony is similar to alimony or spousal support. It involves the party with less income or earnings potential and will seek court-ordered support from the higher wage earner.
Palimony v Alimony? What is the difference?
The main difference between palimony v alimony is that with palimony, the parties are unmarried cohabitants. At the time of the final separation in a palimony case, the parties are not married. With alimony, there has to be a valid marriage at the time of separation.
In an alimony case, a lawyer has filed a divorce case. Michigan does not recognize common law marriage, so the statutory requirements for a valid marriage are required. Alimony, or as it is now known, spousal support, is paid when a married couple files for divorce. It is filed when one spouse needs support.
Family law is clear that alimony is paid as part of a divorce proceeding. After a divorce is filed, a spouse seeking spousal support would file a motion. A motion for alimony is similar to child support, child custody, or property rights. These are all routine divorce, family law motions.
A good divorce lawyer can assist you in filing these motions in Court.
A palimony claim deal with unmarried cohabitants that are separating after a lengthy relationship. Some states allow claims of palimony and look at factors similar to the elements looked at in alimony. These factors can include the length of the relationship, the parties’ income, the circumstances surrounding the separation, and others. Factors that the Courts in these states often look at the following palimony factors:
- Length of the relationship,
- Commitment between partners that one would financially provide for the other for life,
- Promises between partners that can be proven,
- Written financial agreements,
- The ability of the plaintiff to support themselves financially,
- Giving up a career to provide services such as care of the home or children,
- Sacrifices made by one partner to put the other partner through college and
- The income disparity.
The courts that allow for a palimony suit will consider these factors. An experienced palimony attorney should file a palimony action.
Do we have Palimony Laws in Michigan?
There are no palimony laws in Michigan. Palimony in Michigan does not exist. In Michigan, the Courts will not order support for a cohabitated party that was not married.
Michigan does not acknowledge “common law” marriage. Absent a marriage, the courts cannot order support as there is no palimony law for the Court to look at. Common law also provides no relief in Michigan for a palimony claim.
How do you protect yourself in Michigan with a cohabitation agreement?
If you are not married in Michigan and cohabitate, you may want to consider a cohabitation agreement. A palimony agreement can give you the security you need in your relationship of knowing you will be taken care of.
A Cohabitation Agreement can be enforced in Civil Court. It should consider such items as how property, such as a house, will be sold and the proceeds divided. It can also discuss ongoing financial support. These cohabitation agreements can also address topics such as child support and parenting time.
In Michigan, a cohabitation agreement will be enforced under contract law. It can be a written agreement or an oral contract. Written contracts are always better as they are easy to prove.
Clearly, from an evidence standpoint, you are better served by having a written agreement. A palimony case being heard in a Michigan court is best presented with a written agreement. A written agreement that is clear in its terms is easy for the Court to apply. An implied contract case is possible.
Call today for help with palimony, alimony, and divorce in Michigan lawyer.
Bruce Law Firm has lawyers that specialize in divorce in Michigan cases. Our law office files these divorce cases. They often involve alimony or spousal support as an issue to be decided. Although palimony is not recognized in Michigan out alimony attorneys can help you protect your assets and your future.
Our Michigan family law attorney provides legal advice in all areas of family law. Get the support payments you deserve. For a free consultation with a divorce lawyer, call today.