Does The State Of Florida Allow Palimony?
You’ve heard of alimony, which is a regular payment made from one former spouse to another. But what about palimony? What’s that? Essentially, palimony is a regular payment made from one former partner who was not married to the other. Several states in the U.S. allow for palimony, but Florida is not among them. Instead, Florida uses contract law to determine issues like alimony. California and New York, on the other hand, allow for palimony arrangements. In this article, the Tampa, FL, divorce lawyers at Faulkner Law Group, PLLC will discuss the concept of palimony and how it plays out in states that allow it.
Understanding palimony
One of the major reasons why Florida is not a palimony state is that Florida does not recognize common law marriages. It is much more common for palimony arrangements to exist in states that do recognize common law marriages.
In those states, a palimony arrangement requires an agreement between the two partners. This agreement can be in writing, oral, or implied. Essentially, if one partner was in a supportive relationship with the other, they could seek palimony payments once the partners break up. A “supportive relationship” means that one partner supported the other financially during their relationship. This would essentially mean that there was an “implied contract” between the two partners. One partner could sue the other in civil court to recover palimony payments.
Can I get palimony in Florida?
The answer to this question is “mostly, no.” One unmarried partner is not allowed under Florida law to sue the other partner in civil court to recover palimony payments. The Florida courts will not recognize their claims. However, there are some situations that prove a little bit tricky.
For example, if two partners move from a state that recognizes common law marriage, one partner may be able to bring a valid claim for palimony to the Florida courts. The Florida courts may consider this claim, even though they do not recognize common law marriage.
In addition, there is nothing stopping two partners from circumventing marriage entirely and drafting their own “relationship contract.” If the couple decides to draft a “relationship contract” that stipulates that palimony will be paid from one partner to the other, then the Florida courts will enforce that agreement. It just rarely (if ever) happens. It must, however, meet the requirements of a legal contract in Florida.
Talk to a Tampa, Florida, Divorce Lawyer Today
The Tampa family lawyers at Faulkner Law Group, PLLC, represent the interests of couples during their divorce. Call our office today to schedule an appointment, and we can begin addressing your goals and concerns right away.
