Nov. 08, 2021
Is Palimony Recognized in North Carolina
What is Palimony?
Palimony is the non-legal term that refers to the division of financial assets and payments of support made to a cohabitating, non-married partner after the relationship ends.
The term was first coined by Marvin Mitchelson, in 1977 when he filed a legal suit on behalf of his client Michelle Triola Marvin, against actor Lee Marvin. The suit was unsuccessful, but it did bring to light the importance of having a legal cohabitation agreement in place before moving in together.
Palimony is not recognized in every state. Many states that do not acknowledge legal palimony rights will often enforce written agreements of financial support.
Before taking the plunge, romantic partners considering cohabitating should seek the services of a skilled local lawyer to make sure their rights are protected. Having a local lawyer is important because they are knowledgeable in the local laws governing palimony.
What States Recognize Palimony or Some Forms of a Palimony Agreement?
Some states do not award palimony, but some states recognize that parties living as husband and wife, but not married, have an implied cohabitation agreement. If the couple pools their resources and shares bank accounts that are used to pay for living necessities, then some financial reward should go to each party in the living arrangement.
Each state has its own rules regarding palimony, but below is a list of those states that honor palimony or some forms of a palimony agreement:
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
Palimony in the State of North Carolina?
If you live in the state of North Carolina, they do not recognize palimony or common law marriage. They are just one of just 12 states today that do not recognize common law marriage or palimony. This may be changing, however, as the 2000 U.S. Census found that 5.2 million couples were living together nationwide without being married. In North Carolina, the number was 137,181. Because of the changing demographics, we may soon see changes to North Carolina law.
If you live in North Carolina, you should protect yourself before you begin cohabitating by knowing your rights. A visit to the Law Office of Mercedes O. Chut is a wise step. She is a Divorce attorney Greensboro NC and can draw up an agreement that will protect each partner in the future.
Seeking protection from a family law attorney Greensboro NC will help protect the legal rights of each partner. Because a local lawyer knows the local laws, they will be able to guide each member of the cohabitation agreement to a fair and equitable financial situation should the couple break up.
North Carolina generally enforces a cohabitation agreement unless it includes sexual services. But couples who live together, purchase a home together, pool their resources, and later split up are each entitled to something. A knowledgeable Greensboro divorce lawyer Greensboro or family law lawyer Greensboro can guide each partner through the process.
Choose the Firm that Respects the Rights of Both Parties:
When a couple breaks up, it can be difficult on both parties, that is why those considering living together should have a family law or divorce attorney, Greensboro, to draw up the agreement while cool heads prevail, and emotions are not at the forefront.
Drafting a cohabitation agreement with a family law attorney, Greensboro, NC, is a wise thing to do. It protects assets that belong to each individual before the cohabitation begins and protects each partner’s rights should the romantic partnership dissolve.
Protect yourself at all times by having legal documents in place in case they are needed in the future. Seek the expert advice of a top Greensboro family law attorney to protect the rights of both individuals, today and tomorrow.