What is Palimony? Does Palimony in Michigan exist?
Palimony in Michigan is a type of alimony or as it is called in Michigan spousal support. Basically Palimony in Michigan is alimony for unmarried cohabitants who have resided together for an extended time. It attempts to maintain the standard of living of the lower income person.
Palimony involves the ongoing, court ordered payments of support. It can be a stream of payments or a lump sum. It is awarded by a judge to a party whose relationship has dissolved. If you are considering a palimony lawsuit a palimony lawyer can be of assistance in reviewing your case. Palimony cases can be very challenging to prove.
Palimony Michigan is the division of finances and property for unmarried cohabitants. Unmarried cohabitants are a romantic couple that lives together. These parties have cohabitated or lived together for an extended time. A family court judge will look at the prior standard of living of the parties and fashion a support award.
Table of contents
- What is Palimony? Does Palimony in Michigan exist?
- How does a Palimony in Michigan case arise?
- Palimony vs Alimony? What is the difference between Alimony and Palimony?
- Palimony Laws and the factors a Court will look at is awarding Palimony in Michigan
- What states have Palimony? Is Michigan one of the Palimony States?
- Protect yourself with a Cohabitation Agreement in Michigan?
- Call a Palimony in Michigan lawyer for help today! Experts in Michigan Alimony cases.
How Does Alimony or Spousal Support in Michigan Work?
Spousal support is awarded in a divorce case. The parties must be married for the judge to grant a spousal support award. The higher wage earner would be ordered by the judge to pay alimony or spousal support to the lower income spouse. The payment to the spouse can be a stream of monthly payments or a lump sum payment.
That is how a Michigan alimony or spousal support case works. Spousal support would be made to the lower income person to maintain their standard of living. An order to pay spousal support can be a monthly payment or a lump sum payment. Either party may file a spousal support motion.
You will want to find a lawyer that specializes in the award of alimony. Spousal support or alimony can be changed by either party whenever there is a change in circumstances. If there is a change in the situation of the parties a motion to change spousal support is appropriate.
The family court judge reviews the past relations and conduct of the parties such as the length of the marriage, the ability to work, the ability to pay, and the source and amount of income of the parties. Other relevant information related to the situation of the parties may be considered by the judge including if there are children and if child support is be awarded.
Talk to a Spousal Support and Alimony Attorney
A spousal support attorney can assist you in reviewing a Palimony case. Palimony cases are a complicated area of family law. You may be eligible for a monthly support award or even a lump sum payment. Create an attorney client relationship with a Michigan family law attorneys to see if you may qualify for a spousal support or palimony award. Call today for a free consultation.
How does a Palimony in Michigan case arise?
Palimony cases often arise 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 is that palimony will be awarded. An experienced palimony lawyer can assist you in reviewing if a palimony lawsuit is appropriate. Proving a palimony case is never easy.
When the parties break up or separate, there is often a claim for support from the lower income party. This claim of support is considered palimony when there is no marriage. 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. A palimony attorney can review the similarities between palimony vs alimony.
Palimony vs Alimony? What is the difference between Alimony and Palimony?
The main difference between palimony vs 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 or spousal support, there has to be a valid marriage at the time of separation. Alimony in Michigan is paid when a divorce or legal separation is filed and a party has a financial need. Alimony and palimony are otherwise very similar.
How does Spousal Support and Alimony in Michigan work?
In an alimony case, an attorney has filed a divorce or legal separation case. Michigan does not recognize common law marriage, so the statutory requirements for a valid marriage are required. Alimony, or as it is known in Michigan, spousal support, is paid when a married couple files for divorce or legal separation.
A spousal support motion is filed by either party when one spouse needs support from the other. This is the key distinction when looking at palimony vs alimony and determining the differences between alimony and palimony.
Family law is clear that Michigan alimony or spousal support is paid as part of a divorce proceeding. After a divorce is filed, a spouse seeking spousal support in Michigan would file a motion. A motion for Michigan alimony or spousal support is similar to child support, child custody, or property rights. These are all routine divorce, family law motions. A palimony Michigan claim is not that easy.
How is a Palimony Lawsuit started and how does one obtain Palimony in Family Law cases?
A party seeking palimony will have to file a motion and show that there was a contractual agreement between the parties to prevail. A good divorce or family law lawyer can assist you in filing these motions in Court and securing a support award.
A palimony attorney will file a motion in states with palimony for financial support. The Judge will look to the factors in the case and determine what is an appropriate amount of palimony support to award.
Once a palimony order is entered all the procedures that exist in a spousal support or Michigan alimony in Michigan are available to the parties. For example, if a party is not paying the palimony that is ordered they can file a show cause motion and have the non paying party held in contempt.
Palimony Laws and the factors a Court will look at is awarding Palimony in Michigan
A palimony claim deals with unmarried cohabitants that are separating after a lengthy relationship. Some palimony states allow claims of palimony and look at factors similar to the elements looked at in Michigan alimony. These factors can include the length of the relationship, the spouses’ 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 lawsuit will consider these factors. Either party can review these factors. An experienced palimony attorney should file a palimony action.
What states have Palimony? Is Michigan one of the Palimony States?
There are several states that recognize palimony as a civil action. These states are referred to as palimony states. These palimony states include California, Colorado, Georgia, Hawaii, Illinois, Maryland, Nevada, New York, South Carolina and Washington.
Michigan is not one of the Palimony States
There are no palimony laws in Michigan. Palimony in Michigan does not exist and Michigan is not considered one of the palimony states. In Michigan, the Courts will not order support for a cohabitated party that was not married. Non married parties have to show a contractual type agreement exists to prevail. This is referred to as a cohabitation agreement.
Michigan does not even 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.
Protect yourself with a Cohabitation Agreement in Michigan?
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. Absent any laws supporting palimony in Michigan having a cohabitation agreement is critical.
A Cohabitation Agreement in Michigan can be enforced in Civil Court. Michigan cohabitation law is clear that 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.
Michigan Cohabitation Law prefers a written agreement
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. Michigan cohabitation law prefers a written agreement.
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. An experienced palimony lawyer can help review the facts in your case.
Call a Palimony in Michigan lawyer for help today! Experts in Michigan Alimony cases.
Bruce Law Firm has lawyers that specialize in family law and divorce cases in Michigan cases. Our law office can answer your palimony law questions. Although palimony is not recognized in Michigan as a separate action, our spousal support and alimony in Michigan lawyer 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 palimony lawyer, call today.