Divorce Options, Divorce Solutions

What is palimony and how does it work?

On Behalf of | Dec 16, 2021 | Domestic Partnerships

New Jersey is a state that recognizes domestic partnerships if the formalities are complied with. If the relationship between a couple in this partnership doesn’t last, one party might be ordered to pay the other palimony.

What is palimony?

Palimony is a type of financial support paid by one party to another after being in a domestic partnership relationship. If the relationship was similar to a marriage in the way the couple lived, the court might order the person who earns more money to pay palimony to the other.

The purpose behind palimony involves the couple’s intentions for the future. If one party states their intent to take care of the other for the rest of their lives but the relationship doesn’t last, they might be ordered to pay financial support toward them. The legal theory of breach of contract is often used when the court decides that a person deserves palimony.

How does palimony work?

Palimony often goes hand in hand with the end of common-law marriages. However, it’s also used as a form of financial support once domestic partnerships end. Once a romantic relationship between partners living together as if they were married ends, the court may look at certain factors when determining if palimony should be awarded. One of those is whether the couple indeed lived together while considering themselves married in spite of no legal marriage taking place. Another common factor is the length of the relationship.

Courts will also consider the income of both partners and whether one person supported the other financially, such as to support them through educational or professional pursuits. If the parties share children together, it’s another factor that the court considers when determining palimony.

It’s important for a former romantic partner to file a civil claim for palimony if they believed they’re entitled to it. The court will determine if this is the case based on these factors and whether there was an agreement between both parties.