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.

Parties who do not initially agree on alimony matters may disagree about the parameters surrounding the payment of spousal support. Some considerations when negotiating an alimony agreement include:

Purpose of Alimony

The parties may be at odds as to whether alimony should be paid at all. Alimony is meant to provide financial support to a lower earning spouse, often in recognition of that spouse’s contribution to the marriage that may have negatively impacted his or her earning potential. A spouse who receives alimony can work on becoming financially independent while having enough funds to remain solvent after a divorce.

Length of Alimony

Another point of contention between spouses is how long alimony should last. The appropriate amount of time for how long support should remain in effect depends on the particular circumstances. For example, if alimony is paid so that the spouse can receive additional training or education to be able to work in a new career with greater earning potential, alimony may only be necessary until such education or training is obtained. Spouses may be able to work together on coming up with an agreement regarding this provision and others in order to make their divorce less contentious.

Amount of Alimony

Another source of friction may be the amount of alimony that one spouse should be required to pay. In some cases, a creative property distribution or use of other resources can help minimize the amount of alimony that will be necessary for support.

Modification of Alimony

The spouses may wish to reach an agreement regarding when the alimony plan may need to be revised, such as if the paying spouse has a change of income or develops a serious illness. Mediation can help the parties consider when an event is considered substantial enough to warrant a change in the agreement.