New York Palimony Lawyer
How do I know if I’m entitled to palimony after a breakup?
Derived from the concept of alimony, “palimony” is a term that
was coined by journalists. This term is used to describe support payments
made by one unmarried partner to another after a breakup. Since this not
an actual legal concept, however, there is no guarantee that an unmarried
partner will be entitled to any such payments after a split. Unlike
spousal support, there is no provision in New York family law that requires either member
of an unmarried relationship to pay alimony to the other.
Many couples in our area choose to live together for years, and the end
of their relationship is often just as complex as any
divorce. But because there was no legally binding agreement between them, as there
is in marriage, the court will not order the payment of support or spousal
maintenance. This could put you in difficulty, because you may be forced
to reduce your standard of living if you were supported during the relationship
by your partner. Even so,
this does not mean that you are without options.
Enforcing an Implied or Written Contract
It is possible that you were promised support or were living under an implied
agreement that you would be provided for financially into the future.
If you believe that you deserve support, you should speak with a NYC divorce
lawyer at Eiges & Orgel, PLLC about the subject of palimony. Your
family law attorney can help you gather any type of documentation or evidence
that would support your claim, such as written agreements, correspondence
or a pattern of behavior that would establish such an agreement.
Suing for Palimony in Civil Court
If you have created a written cohabitation agreement that set forth terms
for the division of your property and the promise of future support, this
is as legally binding as a
prenuptial agreement—even though there are no explicit laws regarding palimony. This
means that you would have the right to enforce the agreement as a contract
in civil court. If circumstances so allow, you could file a civil lawsuit
against your former partner to establish that you should receive palimony
payments, either in a lump sum or in installments.
Evidence that may help your case in civil court includes:
- Proof that a written cohabitation agreement exists
- Correspondence or emails discussing your arrangement
- Testimony of friends who overheard any such discussions
- Proof that you lived together as a couple for a long time
Can I win a palimony case without a written contract?
Most people think that their chances of recovering palimony would be slim
to none if there was no written contract between them and their unmarried
partner. While this could make things more difficult, you should understand
that your case does not necessarily have to end there. If your attorney
can establish that you and your partner were living under an oral agreement
or implied contract, and that you sacrificed your financial independence
for the relationship, you may have a case. Contact us to learn more about
Request Your No-Cost Case Evaluation Today
Eiges & Orgel, PLLC provides comprehensive legal services to individuals
who face divorce or the breakup of a long-term relationship. Even though
you didn't ever marry your former partner, you may still have a strong
case to demand financial support. We will argue on your behalf and won't
back down in court. We have been serving clients throughout New York City
and all surrounding areas for more than 40 years, so you can rest assured
that your future will be in capable hands with the divorce lawyers at our firm.
Contact a New York palimony attorney at Eiges & Orgel, PLLC who can help you get started on a lawsuit
to recover palimony payments while you transition into a new phase of
your life: (347) 848-1850.