Palimony is a mix between the word “pal” and “alimony” for good reason.  Alimony is commonly reserved for married couples.  However, in some cases, it – or something like it – may be awarded to individuals who are not married.  Being involved in a legal battle in which palimony is contemplated can be complex and exhausting.

When a couple gets divorced, the law in their state uses equitable distribution or community property principles, depending on state law.  However, when they are determining palimony, they often apply theories related to contract law or equity considerations.  In this manner, cohabitating couples are afforded some protections, although these are often much less than those afforded married partners.

Litigating palimony cases is often time-consuming and expensive.  A party who does not want to pay palimony may wind up fighting over the issue and being ordered to pay anyway.  A party who does want alimony may wind up spending a sizable amount of money on litigation only to find out that he or she does not meet the state requirements for palimony.  Just like in alimony cases, the judge is often given a significant amount of discretion, so the outcome is often unpredictable.  Additionally, palimony laws vary by each state with some requiring a formal written contract before awarding it, so it is difficult to determine whether a person may be eligible for this type of support.

Rather than litigating the claim, many parties may benefit from mediating it.  During mediation, the parties can present their own position and work toward a compromise.  The parties may agree for the higher-earning partner to pay for education or temporary support based on promises that were made during the relationship.  By engaging in the mediation process, parties can often maximize the satisfaction of their needs while minimizing a risky outcome.