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What is palimony?
Palimony is a form of "alimony" awarded to one member of a nonmarital couple.
Since nonregistered nonmarital partners do not have a right to spousal support under the Family Code, it must be made clear that palimony does not arise out the Family Code, nor out of mere cohabitation, but rather relies on traditional contract law and principles of equity.
Does California recognize common law marriages?
California has abolished the recognition of common law marriages. Therefore, there is no such thing as a "common law husband" or a "common law wife" in California. However, nonmarital partners may have created certain rights and responsibilities as a result of their partnership and subsequent conduct. In general, actions to enforce these rights have been called "Marvin actions" (named after actor Lee Marvin and his court battle with Michelle Marvin.) They rely on principles of contract law and equity. In general, such actions assert claims on the property and income of one of the nonmarital partners.
If there are children involved, then custody, support and visitation of the children are governed by the Family Code.
Can "spousal support" be awarded if the parties are not married?
As of January 1, 2005, the California Domestic Partners Rights and Responsibilities Act gives nonmarried partners who register many of the same rights as married couples. These rights include inheritance rights, community property rights (including community debts), and the right to request support upon the relationship's dissolution. These rights do not occur automatically. The partners must affirmatively register their relationship. For help in registering, click here.
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