Common Law Marriage and “Palimony” in California

In several states, if a couple lives together for a specific period of time and holds themselves out to the world as a married couple, then the couple may be considered to be legally married in the state. This is true even if the couple never went to the courthouse and completed the legal niceties necessary to establish a legal marital union.  California does not recognize common law marriage.  However, California will recognize a common law marriage if a person established a common law marriage in another state and then moved to California.  Even though most common law marriages are not recognized in California, there are other protections for long-term partners who are not legally married.

Understanding Palimony: The Basics

The term “palimony,” often referred to as a “Marvin Claim, is financial support paid to one partner by another after a non-marital relationship ends. The concept works similarly to that of alimony or spousal support in divorce cases.  Palimony is only granted if specific criteria is met.  For a claim to be successful in California, there must be proof the couple had agreed, either in writing or by implication, that financial resources would be shared or that one partner would provide financial support to the other.  Several other factors will be considered as well, such as the length of the relationship.

Cohabitation Agreements

Unmarried couples who have a contract, like a Cohabitation Agreement, to treat assets like community property, or promised lifetime support, can enforce the contract in court under California’s contract law.

 Contact Cardwell, Steigerwald Young

The elite San Francisco family law attorneys at Cardwell Steigerwald Young. LLP are standing by to advise in any family law related matter. Contact our office today to begin speaking with our team.

Sources:

leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB30-1979.html#google_vignette

people.com/movies/dick-van-dyke-dating-history/