Palimony: What it is and how it can help

When a couple lives together, shares assets, and otherwise acts as though married, what happens when they break up? It is not considered a divorce under Maryland law since there was no legal contract. Yet these individuals deserve similar financial consideration if one spent their time maintaining a home and children and requires support after the split.

This is where alimony, or spousal support, comes in in a divorce. However, if you and your partner were not legally married, you need help understanding what palimony is and how it can help you move forward. Since Maryland does not recognize unmarried relationships, consulting with a qualified Howard County family lawyer to discuss your options can be helpful.

What is palimony?

Alimony is sometimes given after a married couple divorces, while palimony was created to address the same financial needs of cohabitating couples. A partner typically seeks palimony after the couple has cohabitated, resembling a married couple’s life.

When one partner has performed most of the home and childcare duties, they often give up the opportunities that could help them maintain their employability or independence. This means they could struggle with getting or holding a job after a breakup. Palimony is intended to provide them with payments for a period of time until they can return to work.

How palimony can help unmarried couples

Much like spousal support and division of marital assets after a divorce, palimony is intended to provide one partner with sufficient financial means after a breakup. The amount of these payments and how long they will last is typically negotiated between the partners and their attorneys. If they cannot agree, the plaintiff requesting palimony will typically pursue a civil lawsuit to reach a decision.

When a cohabitating couple breaks up, one partner may struggle to return to a career or have no means of supporting themselves. In situations with a very large difference between the partners’ incomes, receiving payments for a designated period can allow the individual with a lower income to seek a job that pays what they need. Palimony can give them a chance to establish their own means of support after depending on someone else for a long time.

Alimony vs. palimony

Spousal support payments are known as alimony when the couple is legally married. Palimony is available for those who lived as a married couple but did not have a legal marriage contract. The key factor is that a marriage contract is between the individuals and the State, allowing State laws to govern how the marriage is conducted and dissolved.

In the case of domestic partnerships and cohabitation agreements, these are agreements between individuals and do not involve the State. This means they are handled like other contracts and are generally a private matter. Couples can decide whether to award palimony when they create the agreements or negotiate it while ending the relationship.

Does Maryland recognize palimony?

Maryland does not recognize common law marriage. However, if you have a valid common-law marriage certificate from another State, it will be recognized here. Maryland does have laws allowing cohabitation agreements and domestic partnerships, which can give partners many of the same rights as married couples.

Learn more about Maryland family law and palimony

If you want to seek palimony in Maryland and need more information, speak with a seasoned family law attorney at Coover Law Firm. While there is no legal provision for palimony and common-law marriages, you can take advantage of options to ensure you are not left without financial support when your relationship ends.

Our attorneys can advise you on any aspect of family law, including prenuptial and postnuptial agreements, child custody and support, and property division. Our team brings their knowledge, training, and experience to your situation, providing the details you need to decide for your circumstances. Whether you have a domestic partnership, cohabitation agreement, or live together, we can evaluate your situation and help you achieve the best outcome. Contact us at (410) 553-5042 or through our online form today.