PALIMONY
Palimony is a term that refers to the payment of financial support by one party to another after the end of a relationship that is not legally recognized as a valid marriage. The word “palimony” is a combination of “pal” and “alimony” which translates to "maintenance paid to a friend". The term was coined as a result of a 1976 court case Marvin v. Marvin, by the plaintiff's attorney working on the case.
Palimony is a form of financial support available to people who were never married but formerly lived together as a couple and are now separated. It is essential to note that Palimony is not the same thing as alimony, which is a type of financial support that the court may award following the dissolution of a legal marriage.
Unmarried couples often live together. As a result, unmarried partners acquire property together as a couple. If such a couple splits up, they may seek to divide their mutually owned properties and encounter disagreements in the process.
Palimony cases are determined in civil court as a contract matter rather than in family court as in cases of divorce so general contract principles apply, and the party seeking to enforce a contract must legally prove that a valid contract was formed.
In a palimony suit, the burden of proof is on the plaintiff to show that a marriage-like relationship did exist and a financial agreement was established as part of it.
The agreement may be express or implied, oral, or written. The contract may also include provisions for a sexual relationship. However, these provisions will not be enforced if they are based on an illegal exchange involving sexual services. Also, the traditional defenses to contract formation are applicable. For instance, agreements formed subject to fraud, duress (improper physical, financial, or legal threats), incapacity (e.g., parties under the age of majority, guardian ad litem).
In the famous example of a palimony case, Marvin v. Marvin. Plaintiff Michelle Triola brought suit against actor Lee Marvin, claiming that he had promised to provide her with financial support for the rest of her life. Though never married, Triola assumed Marvin’s surname and produced documents showing evidence of the relationship.
Ultimately, the court decided that Triola was unable to prove the existence of a financial agreement between herself and the defendant. Still, the court did rule that when an express or implied contract did exist between two parties in a nonmarital relationship, it could be enforceable.
In cases in which the circumstances are not so clear, a palimony court may consider certain other factors such as:
🪙 Cohabitation (domestic partners)
🪙 Length of the relationship
🪙 Promises to provide support made by one party
🪙 What form the palimony agreement takes (written financial agreements)
🪙 Income of each partner
🪙 Income inequality between the parties
🪙 Whether the couple has children
🪙 Sacrifices made for the career advancement of the other party and/or raising children
🪙 Whether the couple presented themselves as husband and wife out to the public
🪙 The existence of a new financially supportive relationship with someone else (e.g., one party has since been married).
N:B - This rule is not applicable in Nigeria so you should not try to file a suit if your partner breaks up with you.
FROM THE DIRECTORATE OF RESEARCH
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