Palimony in the United States

{{Short description|Division of assets after the termination of a relationship}}

Palimony is the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term "palimony" is not a legal or historical term, but rather a colloquial portmanteau of the words pal and alimony. Nevertheless, numerous secondary legal sources refer to the term, and attempt to describe its influence and implications upon actual statute law.

The term was coined by celebrity divorce attorney Marvin Mitchelson in 1977 when his client Michelle Triola Marvin filed an unsuccessful suit against the actor Lee Marvin.[http://online.ceb.com/calcases/C3/18C3d660.htm Marvin v. Marvin (1976) 18 C3d 660.] Retrieved on March 1, 2008. While the suit was unsuccessful in this instance, the courts found that "in the absence of an express agreement, courts may look to a variety of other remedies to divide property equitably."{{cite web|last1=EL|title=Marvin v Marvin|url=http://www.onelbriefs.com/cases/property/marvin_marvin.htm|website=onebriefs.com|accessdate=January 3, 2016}} It is unclear as to how many states currently expressly forbid any kind of palimony to be awarded—that is to say, how many states allow both partners in an unmarried cohabitation to expressly keep all that is under their name including income and property. It is widely recommended by legal offices across the country that, before committing to an unmarried but romantic cohabitation, the couple should enter into a legal cohabitation agreement.{{cite web|last1=EL|title=4 Tips for Avoiding Palimony|url=http://www.layfieldlawfirm.com/blog/4-tips-for-avoiding-palimony-and-keeping-your-assets-safe-in-a-cohabitating-relationship|website=Law Offices of....|accessdate=January 3, 2016}}

Background

Unlike alimony, which is typically provided for by law, palimony is not guaranteed to unmarried partners. There must be a clear agreement, written or oral, by both partners stipulating the extent of financial sharing or support in order for palimony to be granted. Palimony cases are determined in civil court as a contract matter rather than in family court as in cases of divorce.{{cite web | author=Granat, Richard | publisher=New York Divorce Law | url=http://www.nydivorceonline.com/nypages/MaritalProperty/unmarried%20prop%20rights.asp#3 | title=Property Rights of Unmarried Couples in New York | year=2008 | accessdate=August 26, 2008}} In the State of New Jersey, palimony cases are tried in Family Court.{{cite book |last1=Hille |first1=Robert B. |title=LexisNexis Practice Guide: New Jersey Pleadings |date=12 February 2021 |publisher=LexisNexis |isbn=978-1-6633-1294-5 |pages=87 |url=https://books.google.com/books?id=KiMgEAAAQBAJ&pg=PT87 |language=en}}

In states that recognize palimony, there is variance in the factors that are taken into consideration by the court and the weight that these factors are given:{{cite web|last1=EL|title=Cohabitation...|url=http://www.divorce360.com/divorce-articles/law/advice/is-alimony-possible-in-common-law-marriages.aspx?artid=976&page=2|website=Divorce360.com|accessdate=January 4, 2016}}

Cohabitation,
Length of the relationship,
Commitment between partners that one would financially provide for the other for life,
Promises between partners that can be proven,
Written financial agreements,
Ability of the plaintiff to support themselves financially,
Giving up a career to provide services such as care of the home or children,
Sacrifices made by one partner to put the other partner through college and
Disparity in income.

Oral or implied contracts are often taken into consideration also.

In 1981, only three states legally rejected palimony,{{cite news|last1=EL|title=Couples:...|url=https://www.washingtonpost.com/archive/lifestyle/1981/06/10/couples-pillow-to-pillory/69088e87-c688-4207-80fb-5515b0e5e5df/|newspaper=The Washington Post|accessdate=September 17, 2023}} but, as of 2025, 21 states legally reject palimony.

''Marvin v. Marvin''

Michelle Triola spent several years living with actor Lee Marvin. After their breakup, she legally adopted the surname Marvin despite never having been married to him and claimed he had promised to support her for the rest of her life. Represented by flamboyant attorney Marvin Mitchelson, she sued Lee Marvin in Marvin v. Marvin, one of the most high-profile civil lawsuits ever litigated -- its outcome was reported in a banner headline across the top of the front page of the Los Angeles Times on April 18, 1979.{{cite journal |last1=Luther |first1=Claudia |title=$104,000 for Michelle |journal=Los Angeles Times |date=18 April 1979 |page=1}} Marvin was represented by his longtime attorneys at the law firm of Goldman & Kagon, including David Kagon, Mark A. Goldman,{{cite journal |last1=Luther |first1=Claudia |title=Miss Triola Waives Jury Trial in Lee Marvin Suit |journal=Los Angeles Times |date=10 January 1979 |page=29}} and Louis L. Goldman,{{cite journal |title=Gossip Items Spark Angry Debate in Marvin Case |journal=Sacramento Bee |date=3 February 1979 |page=3}}{{cite journal |title=Marvin's Attorney Says He Advised Against Support |journal=Los Angeles Times |date=2 February 1979 |page=36}}{{cite journal |last1=Luther |first1=Claudia |title=Lee Marvin Berated By Surprise Witness |journal=Los Angeles Times |date=14 February 1979 |page=24}}{{cite journal |title=Attorney Ill, Trial Delayed One Day |journal=Fresno Bee |date=8 March 1979 |page=8}}{{cite journal |last1=Luther |first1=Claudia |title=Actor's Ex-Lover Violated Pact, Attorney Claims |journal=Los Angeles Times |date=3 February 1979 |page=13}} who Marvin reportedly had had on retainer for more than 20 years.{{cite journal |last1=Deutsch |first1=Linda |title=Marvin Proceedings Cost LA Taxpayers $30,000 |journal=Fresno Bee/Associated Press |date=27 March 1979 |page=20}} In the end, the California Supreme Court ruled that Triola had not proven the existence of a contract between herself and Mr. Marvin that gave her an interest in his property. Thus, the common law rule applied to the situation without alteration, and she took away from the relationship and the household what she brought to it.{{citation needed|date=August 2013}}

The court went on to explain that, while the state abolished common-law marriage in 1896, California law recognizes non-marital relationship contracts. These contracts may be express or implied, oral or written, but they must be provable in any case. As established in cases like Trutalli vs. Meraviglia (1932) and Hill vs. Estate of Westbrook (1952), such contracts are only enforceable if they are not based upon an agreement to cohabit or provide sexual services. The courts have consistently held that while cohabitants may lawfully contract concerning property ownership and compensation for services like housekeeping, such agreements must be independent of and not in consideration for their non-marital relationship. Eventually, the California Court of Appeal ruled that, since Michelle Triola and Lee Marvin never had a contract, she was not entitled to any money.{{cite web | author=Laskin, Jared | publisher=Law Office of Jared Laskin | url=http://www.jlaskin.com/palimony_law_overview.htm | title=California Palimony Law: An Overview | date=April 18, 2007 |accessdate=October 4, 2006 |archiveurl = https://web.archive.org/web/20060812100726/http://jlaskin.com/palimony_law_overview.htm |archivedate = August 12, 2006}}

Due to the notoriety of the case, subsequent lawsuits involving cohabitating but unmarried parties trying to enforce promises of support or property rights came to be known as Marvin actions or Marvin claims.{{cite web |url=https://caselaw.findlaw.com/ca-court-of-appeal/1721935.htmls |title=Brian P. LANZ, Plaintiff and Respondent, v. Peter GOLDSTONE, Defendant and Appellant. A141694 |website=caselaw.findlaw.com |date=29 December 2015 |access-date=10 October 2018 }}{{Dead link|date=December 2023 |bot=InternetArchiveBot |fix-attempted=yes }}

Notable cases

Rock musician Peter Frampton was sued by Penelope J. "Penny" McCall in 1976. McCall asked for half of Frampton’s earnings during the five years that they were together. According to McCall, she gave up her job as a rock promoter and devoted herself full-time to Frampton, right at the time that he achieved superstar status. A New York judge ruled that Frampton and McCall never intended to marry each other and "never held themselves out to the public as husband and wife" and dismissed her complaint on the grounds that to act otherwise would condone adultery. The case set precedent in New York state.{{cite news|title=Peter Frampton Leaves Mark on Divorce and Family Law|url=http://www.johnkgrubb.com/peter-frampton-leaves-mark-on-divorce-and-family-law.html|work=John K. Grubb & Associates|date=July 6, 2011}}{{cite web|title= Live-In Lovers' Quarrel|url=http://www.people.com/people/archive/article/0,,20073577,00.html|work=People|date=May 7, 1979}}
Singer Rod Stewart was sued by actress Britt Ekland in 1977. She settled soon after for an amount described as "substantial."
Actor Nick Nolte was sued by model Karen Louise Eklund in 1978.{{cite news|title= Actor Nolte Sued for $5 Million|last=Luther|first=Claudia|work=Los Angeles Times|date=May 18, 1978}} The suit was dropped in 1983 in return for the actor's continuing friendship and his agreement to not pursue a cross-complaint.{{cite web|url=https://www.upi.com/Archives/1983/04/27/Nick-Noltes-former-live-in-girlfriend-said-Wednesday-she-has/1640420264000|title=Nick Nolte's girlfriend drops 'palimony' suit|work=UPI Archives|date=April 27, 1983}}
Tennis player Billie Jean King was sued by Marilyn Barnett in 1981.
Actor Clint Eastwood was sued by former actress Sondra Locke for $70 million in 1989. The case was described as "precedent-setting" since Locke's unconsummated 1967 marriage to a homosexual had remained legal the entire 14 years she cohabited with Eastwood.{{cite news|url=https://www.theguardian.com/film/2018/dec/14/sondra-locke-a-charismatic-performer-defined-by-a-toxic-relationship-with-clint-eastwood|title= Sondra Locke: a charismatic performer defined by a toxic relationship with Clint Eastwood|last=Bradshaw|first= Peter|date=December 14, 2018|newspaper=The Guardian}}"Marriage won't prevent Locke from winning her case, says Marvin Mitchelson... 'It makes no difference at all.' " See The Burlington Free Press, May 28, 1989, p. 8D."Of course! Dirty Harry couldn't commit bigamy". The Miami Herald. May 9, 1989. p. 25A. The exes reached a settlement in 1990, only for Locke to hit back with a fraud suit five years later, leading the Supreme Court of California to rule that judges should not exclude the press and public from civil trials.Zotter, Frank Jr. (January 5, 2025). [https://www.ukiahdailyjournal.com/2025/01/05/judicial-follies-the-palimony-case/ "Judicial Follies: The “Palimony” case"]. Ukiah Daily Journal.
Tennis player Martina Navratilova was sued by Judy Nelson in 1991; they reached a settlement in 1992.{{Cite news |date=March 14, 1992 |title=Navratilova settles palimony suit |newspaper=The Washington Post |url=https://www.washingtonpost.com/archive/sports/1992/03/14/navratilova-settles-palimony-suit/5084b060-a338-43ce-9031-114e46aa91ed/ |access-date=May 20, 2023}}
In 1996, Van Cliburn was sued by former partner Thomas Zaremba for a share of his income and assets following a 17-year relationship ending in 1994. Zaremba's palimony case was dismissed for lack of written agreement, along with claims for emotional distress and that Cliburn subjected him to the fear of AIDS through Cliburn's alleged unprotected liaisons with third parties.{{cite news | author=Linda Rapp | title=Cliburn, Van (b. 1934) | url=http://www.glbtq.com/arts/cliburn_v.html | work=glbtq.com | url-status=dead | access-date=January 27, 2017 | archive-date=July 17, 2015 | archive-url=https://web.archive.org/web/20150717232234/http://www.glbtq.com/arts/cliburn_v.html }}{{cite web | title=Court grants Pianist's ex-Partner Chance to Amend Suit | url=http://www.aegis.com/aidsline/1997/dec/M97C1497.html | work=AEGiS | publisher=National Library of Medicine | date=August 1997 | accessdate=March 1, 2008 | archive-url=https://web.archive.org/web/20071104035857/http://www.aegis.com/aidsline/1997/dec/M97C1497.html | archive-date=November 4, 2007 | url-status=dead }}
In 2004, comedian Bill Maher was sued for US$9 million by his ex-girlfriend, Nancy "Coco" Johnsen.[http://www.thesmokinggun.com/documents/crime/maher-ex-serial-shakedown-artist "Maher: Ex Is Serial Shakedown Artist"]. The Smoking Gun. November 29, 2004.[http://www.salon.com/2004/11/30/tues_72/ "The Fix "]. Salon. November 30, 2004.Keller, Julie (November 30, 2004). [http://www.eonline.com/news/48746/bill-maher-cries-con "Bill Maher Cries 'Con'"]. E!. On May 2, 2005, a California Superior Court judge dismissed the case.[https://www.foxnews.com/story/judge-dismisses-9m-lawsuit-against-bill-maher "Judge Dismisses $9M Lawsuit Against Bill Maher"]. Fox News/Associated Press. May 4, 2005.Hagan, Joe (April 9, 2012). [http://nymag.com/news/features/bill-maher-2012-4/index5.html “It Won’t Hurt You. It’s Vapor.”] New York magazine. p. 6.

In popular culture

Country singer Leon Rausch's song "Palimony" went to #81 on the Billboard Country charts in 1980.

Stuck on You! is a 1982 comedy film which follows estranged couple Bill and Carol, who are in a palimony suit against each other.

In the 1996 film The Birdcage, which is adapted from the play La Cage Aux Folles, Albert Goldman (played by Nathan Lane) asks for a palimony agreement from his partner, Armand Goldman (Robin Williams).

Palimony was used as a form of revenge by the Bridgette Wilson character, Chelsea Turner, against her character's boyfriend Seth Winnick (played by French Stewart) in the 1999 film Love Stinks.

Included in the liner notes for Bon Jovi's Slippery When Wet album is a thank you to the group's "expensive lawyers" for helping them to negotiate alimony and palimony payments.

Seeking palimony was an option considered by the lawyer Jane Bingum (Brooke Elliott) during an episode of Drop Dead Diva, where one man married two women. The women ultimately chose to sue their husband for fraud.{{episode needed|date=August 2013}}

States with recent palimony use (since the year 2000)

California (2010){{cite web|last1=EL|title=The Truth About Common Law Marriage & "Palimony" in California|url=http://www.minellalawgroup.com/the-truth-about-common-law-marriage-palimony-in-california/|website=Minella Law Group|accessdate=December 30, 2015}}{{cite news|last1=EL|title=Maglicas Reach a Palimony Settlement|url=https://www.latimes.com/archives/la-xpm-2000-mar-14-me-8725-story.html|newspaper=LA Times|date=March 14, 2000 |access-date=July 22, 2017}}{{cite news|last1=EL|title=Stevie Wonder Being Sued by Former Girlfriend|url=https://www.latimes.com/archives/la-xpm-2001-oct-05-me-53565-story.html|newspaper=LA Times|date=October 5, 2001 |access-date=July 22, 2017}}{{cite news|last1=EL|title=De La Hoya, Arum Ruling Expected Soon in Court |url=https://www.latimes.com/archives/la-xpm-2000-dec-22-sp-3441-story.html|newspaper=LA Times|date=December 22, 2000 |access-date=July 22, 2017}}
Colorado (2012){{cite web|last1=EL|title=Broomfield Common Law Marriage Lawyer|url=http://www.warkentinelaw.com/Practice-Areas/Common-Law-Marriage.shtml|website=Warkentine Law Office|accessdate=January 4, 2016|archive-date=March 4, 2016|archive-url=https://web.archive.org/web/20160304103057/http://www.warkentinelaw.com/Practice-Areas/Common-Law-Marriage.shtml|url-status=dead}}{{cite web|last1=EL|title=DEFENDANT IN GAY PALIMONY CASE FIGHTS BACK.(Local)|url=https://www.highbeam.com/doc/1G1-67612683.html|archive-url=https://web.archive.org/web/20160911032615/https://www.highbeam.com/doc/1G1-67612683.html|url-status=dead|archive-date=September 11, 2016|website=Highbeam.com|accessdate=January 4, 2016}}{{cite web|last1=EL|title=The Mediation Association...|url=http://www.coloradomediation.org/docs/theMACnewsletter-winter2012.pdf|website=ColoradoMediation|accessdate=January 4, 2016|archive-date=September 27, 2016|archive-url=https://web.archive.org/web/20160927195201/http://www.coloradomediation.org/docs/theMACnewsletter-winter2012.pdf|url-status=dead}}
Florida: palimony is not recognized by the State of Florida{{cite web|first=Zac|last=Anderson|title=Same-sex suit turns on partner definition|url=https://eu.heraldtribune.com/story/news/2009/10/06/same-sex-suit-turns-on-partner-definition/28894226007/|website=Sarasota Herald-Tribune|accessdate=March 8, 2023}}
Georgia (2015){{cite news|last1=EL|title=Can you sue someone breaking up?|url=http://www.ajc.com/news/local-govt--politics/can-you-sue-someone-for-breaking-with-you-georgia/fDKCrxa1zrB0OrLczzErzM/|newspaper=The Atlanta Journal-Constitution|accessdate=July 28, 2017}}
Hawaii (2015){{cite web|last1=EL|title=Hawaii woman files palimony lawsuit...|url=http://www.bilerico.com/2010/08/hawaii_woman_files_palimony_suit_against_partner.php|website=The Billarico Project|accessdate=December 28, 2015}}
Illinois (2015){{cite web|last1=EL|title=Lesbian Palimony Claim Can Proceed in Illinois|url=http://gaycitynews.nyc/lesbian-palimony-claim-can-proceed-illinois/|quote=The Appellate Court of Illinois has found that a state court judge who is a physician’s former same-sex partner can assert an unjust enrichment legal claim — that is, a palimony claim — to seek compensation for her financial contributions toward both the home they shared and the physician’s professional practice.|website=Gaycitynews.com|date=January 8, 2015|accessdate=January 3, 2016|archive-date=February 23, 2016|archive-url=https://web.archive.org/web/20160223103640/http://gaycitynews.nyc/lesbian-palimony-claim-can-proceed-illinois/|url-status=dead}}
Maryland (2010){{cite web|last1=EL|title=Is There Palimony...?|url=https://www.marylanddivorcelawyer-blog.com/2014/05/07/constructive-trusts-maryland-cohabiting-partners/|website=Maryland Divorce...|date=May 7, 2014 |accessdate=July 29, 2017}}
Michigan (2006){{cite web|last1=EL|title=Palimony Protected|url=https://abcnews.go.com/2020/News/story?id=2352855|website=ABC News|accessdate=July 29, 2017}}
Nevada (2012){{cite web|last1=EL|title=Palimony|url=http://expertsintax.com/index/2012/11/29/palimony/|website=Schlesinger and Schlesinger|accessdate=December 30, 2015}}{{cite web|last1=EL|title=Palimony Claim is a Valid...|url=http://www.journalofaccountancy.com/issues/2011/jun/palimonyclaim.html|website=Journal of Accountancy|date=June 2011 |accessdate=December 30, 2015}}
New York (2004){{cite web|last1=EL|title=Oscar after the bell...|url=http://findarticles.com/p/articles/mi_m5072/is_37_26/ai_n6228145|website=LA Business Times|accessdate=July 29, 2017|url-status=bot: unknown|archiveurl=https://web.archive.org/web/20071013201347/http://findarticles.com/p/articles/mi_m5072/is_37_26/ai_n6228145|archivedate=October 13, 2007}}
South Carolina (2004){{cite web|last1=EL|title=South Carolina allows...|url=http://www.metnews.com/articles/coch0830.htm|website=Metropolitan News|accessdate=July 31, 2017}}{{cite web|last1=EL|title=Drean Team Lawyer...|url=https://www.nbcnews.com/id/wbna7330234|website=NBC News|access-date=July 31, 2017}}
Washington recently legalized palimony in 2007 (2015){{cite web|last1=EL|title=Should You Have a Cohabitation Agreement?|url=http://www.huffingtonpost.com/robert-s-cohen/should-you-have-a-cohabit_b_787853.html|website=Huffington Post|date=November 29, 2010 |accessdate=December 31, 2015}}
Note: New Jersey: In 2010, the palimony law was changed, effectively ending palimony in that state.{{cite web|last1=EL|title=Palimony in New Jersey|url=http://www.snydersarno.com/blog/2013/03/27/palimony-in-new-jersey-123832|accessdate=July 29, 2017}}

Also, palimony law is very similar to common-law marriage law.{{cite web|last1=EL|title=The Truth About Common-Law and Palimony|url=http://www.minellalawgroup.com/the-truth-about-common-law-marriage-palimony-in-california/|website=Minella Law Group|accessdate=July 22, 2017}} Common-law marriage in the United States (marriage without having an official marriage ceremony) is recognized in 10 states: Colorado, DC, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas and Utah.

States with historical palimony cases

Alaska has recognized palimony based upon principles of contract.{{cite web|title=Levar v. Elkins, 604 P.2d 602 (1980)|url=https://scholar.google.com/scholar_case?case=12896077310488270964|website=Google Scholar|accessdate=December 20, 2017}}
Arizona recognizes palimony, and has awarded palimony.{{cite web|last1=EL|title=Carroll v Lee|url=http://www.leagle.com/decision/1986158148Ariz10_1157/CARROLL%20v.%20LEE|website=Leagle|accessdate=December 26, 2015}} The awarding of palimony in Arizona is "rare" however.{{cite web|last1=EL|title=Palimony|url=https://anthemlawfirm.wordpress.com/tag/palimony/|publisher=The Carrol Law Firm|accessdate=December 28, 2015}} Most recent pro-palimony literature/case: (1986)
California recognizes palimony, and has awarded palimony.{{cite news|last1=EL|title=Palimony Jury Awards....|url=https://www.latimes.com/archives/la-xpm-1994-05-14-mn-57616-story.html|newspaper=LA Times|date=May 14, 1994 |access-date=December 28, 2015}} California may also award property palimony due to "oral contracts."{{cite web|last1=EL|title=The Truth About....|url=http://www.minellalawgroup.com/the-truth-about-common-law-marriage-palimony-in-california/|website=Minella Law Group|accessdate=December 30, 2015}} California has been listed as one of the three most "liberal" palimony laws, in addition to Washington State and Minnesota.{{cite web|last1=EL|title=Illinois Law Takes "Pal" Out...|url=https://www.chicagotribune.com/1985/08/30/illinois-law-takes-pal-out-of-palimony/|website=Chicago Tribune|access-date=December 31, 2015}} Most recent pro-palimony literature/case: (2010)
Colorado recognizes palimony.{{cite web|last1=EL|title=Broomfield common law...|url=http://www.warkentinelaw.com/Practice-Areas/Common-Law-Marriage.shtml|website=Warkentine Law Office|accessdate=January 4, 2016|archive-date=March 4, 2016|archive-url=https://web.archive.org/web/20160304103057/http://www.warkentinelaw.com/Practice-Areas/Common-Law-Marriage.shtml|url-status=dead}}{{cite web|last1=EL|title=Defendant in Gay Palimony Suit...|url=https://www.highbeam.com/doc/1G1-67612683.html|archive-url=https://web.archive.org/web/20160911032615/https://www.highbeam.com/doc/1G1-67612683.html|url-status=dead|archive-date=September 11, 2016|website=Highbeam.com|accessdate=January 4, 2016}}{{cite web|last1=EL|title=The Mediation Association...|url=http://www.coloradomediation.org/docs/theMACnewsletter-winter2012.pdf|website=ColoradoMediation|accessdate=January 4, 2016|archive-date=September 27, 2016|archive-url=https://web.archive.org/web/20160927195201/http://www.coloradomediation.org/docs/theMACnewsletter-winter2012.pdf|url-status=dead}} Most recent pro-palimony literature/case: (2012)
Delaware: No anti-palimony law exists in Delaware, but no literature could be found in regards to successful palimony lawsuits in Delaware.{{cite web|last1=EL|title=Property Division Issues...|url=https://www.glad.org/uploads/docs/publications/property-division-index.pdf|website=GLAD|accessdate=January 4, 2016|archive-url=https://web.archive.org/web/20160304112236/https://www.glad.org/uploads/docs/publications/property-division-index.pdf|archive-date=March 4, 2016|url-status=dead}} Most recent pro-palimony literature/case (none)
Florida does not recognize palimony rights.{{cite web|last1=EL|title=Palimony in Florida|url=http://www.pickporter.com/Family-Law/Palimony.aspx|website=Jacksonville...|accessdate=February 23, 2017}}
Hawaii recognizes palimony, and has awarded palimony.{{cite web|last1=EL|title=Woman Wins Hawaii's First Palimony...|url=http://www.upi.com/Archives/1982/01/15/Woman-wins-Hawaiis-first-palimony-suit/4405379918800/|website=UPI archives|accessdate=December 28, 2015}}
Idaho- The only information in regard to palimony in Idaho was from blogs. According to these, palimony is neither formally legal nor illegal, and may be sued for.{{cite web|last1=EL|title=In a nut shell...|url=http://www.justanswer.com/law/0viud-nut-shell-palimony-laws-state-idaho.html#re.v/462/|website=JustAnswer.com|accessdate=January 4, 2016}}
Illinois- Although Illinois is generally considered to be a state that does not recognize palimony, that appears to be changing. "The Appellate Court of Illinois has found that a state court judge who is a physician’s former same-sex partner can assert an unjust enrichment legal claim — that is, a palimony claim — to seek compensation for her financial contributions toward both the home they shared and the physician's professional practice."
Indiana- 'Palimony, per se, is not awarded by Indiana courts."{{cite web|last1=EL|title=Cohabitation|url=http://staffordlawofficellc.com/cohabitation/|website=Stafford Law Offices|accessdate=December 30, 2015|archive-date=February 1, 2016|archive-url=https://web.archive.org/web/20160201190836/http://staffordlawofficellc.com/cohabitation|url-status=dead}}
Iowa will recognize palimony if common-law marriage is proven.{{cite web|last1=EL|title=Palimony|url=http://iowafamilylaw.blogspot.com/2008/01/palimony-cohabitants-not-entitled-to.html|website=Iowa Family Law Blog|date=January 14, 2008 |accessdate=December 28, 2015}}
Maryland- While palimony actions are not permitted in Maryland, Maryland recognizes certain types of palimony-type actions. For example, if evidence that a promise to marry a pregnant individual has been breached, "damages" may be awarded.{{cite web|last1=EL|title=Family Law|url=http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gfl§ion=3-102&ext=html&session=2015RS&tab=subject5|website=MD General Assembly|accessdate=December 30, 2015}}{{cite web|last1=EL|title=Unmarried Cohabitants...|url=http://www.peoples-law.org/unmarried-cohabitants-right-support-and-property|website=People's Law|accessdate=December 30, 2015}} Also, "oral contracts" may be used to divide property (see previous citation).
Minnesota- In 1980, Minnesota passed two statutes nicknamed the "anti-palimony statutes." These require written contracts in order to award palimony for a cohabiting plaintiff.{{cite web|last1=EL|title=Cohabitation Agreements...|url=http://hennepin.membershipsoftware.org/article_content.asp?article=1721|website=The Hennepin Lawyer|accessdate=December 31, 2015}} However, if a cohabiting partner "believes" that they are married, then they are referred to as a "Putative Spouse", which would give them the same rights as a legally married person in a divorce proceeding.{{cite web|last1=EL|title=Divorce in Minnesota|url=http://thelawway.com/legal-topics/family-law-minnesota/divorce-in-minnesota.saw|website=Minnesota Law|accessdate=December 31, 2015}} Minnesota has been listed as one of the three most "liberal" palimony states, in addition to Washington State and California.
Nevada- Nevada recognizes palimony, and has awarded palimony.
New Mexico- New Mexico recognizes palimony when an "oral agreement" has been made.{{cite web|last1=EL|title=Pre and Post Nuptial...|url=https://www.waltherfamilylaw.com/project/prenuptial-agreements/|website=WaltherFamilyLaw|accessdate=December 30, 2015}} New Mexico also recognizes the right to palimony when couples that qualified for common law marriage in another state move to New Mexico, but New Mexico itself does not recognize common law marriage from its own state.{{cite web|last1=EL|title=No Alimony When...|url=http://www.collinsattorneys.com/divorceblawg/alimonyspousal-support/no-alimony-when-cohabitating-c/|website=Collins and Collins|accessdate=December 30, 2015}}
New York- Obtaining palimony in New York is a "daunting task". Also, "oral contracts that are vague or indefinite will not pass muster."{{cite web|last1=EL|title=Palimony in New York...|url=http://www.mosessinger.com/site/files/palimony_ny.pdf|website=New York Law Journal|accessdate=December 30, 2015}} But another legal website states that if there was an "oral agreement," there may still be a case.{{cite web|last1=EL|title=New York Palimony Lawyer...|url=http://www.divorcelawfirmnewyork.com/Family-Law/Spousal-Support/Palimony.aspx|website=DivorceLawFirmNewYork|accessdate=December 30, 2015}}
North Carolina will generally enforce "implied contracts" between unmarried couples.{{cite web|last1=EL|title=NC Cohabitant Rights|url=http://www.ricefamilylaw.com/family/cohabitant.htm|website=RiceFamilyLaw.com|accessdate=December 31, 2015|archive-date=March 4, 2016|archive-url=https://web.archive.org/web/20160304005517/http://www.ricefamilylaw.com/family/cohabitant.htm|url-status=dead}}
North Dakota- Very little information in regard to palimony in North Dakota is available online. However, palimony attorneys are located in North Dakota.{{cite web|last1=EL|title=Divorce and Family Law....|url=http://dawsonlawoffice.com/fargo-nd-divorce-and-family-law.htm|website=Dawson Law Office|accessdate=January 4, 2016|archive-url=https://web.archive.org/web/20160221040358/http://dawsonlawoffice.com/fargo-nd-divorce-and-family-law.htm|archive-date=February 21, 2016|url-status=dead}}
Ohio- "Palimony is not recognized in Ohio."{{cite web|last1=EL|title=Palimony Not Recognized...|url=http://www.hcmmlaw.com/blog/2012/04/07/palimony-recognized-ohio/|website=HCMMLaw.com|date=April 7, 2012 |accessdate=January 4, 2016}} However, Ohio can recognize "implied" cohabitation contracts, resulting in palimony-type awards.{{cite web|last1=EL|title=Toledo Alimony...|url=http://www.strongohioattorney.com/alimony.html|website=Strong Ohio Attorney|accessdate=January 4, 2016|archive-date=January 16, 2016|archive-url=https://web.archive.org/web/20160116070554/http://strongohioattorney.com/alimony.html|url-status=dead}}
Oregon will look at couples' "oral statements and conduct over time" in order to determine palimony possibilities.{{cite web|last1=EL|title=Oregon Domestic Partner...|url=http://www.divorcesource.com/ds/oregon/oregon-domestic-partnership-3314.shtml|website=DivorceSource.com|accessdate=December 31, 2015}}
Pennsylvania has recognized palimony in the past, and has awarded palimony, as noted in the case of Mullen v. Suchko (although this case occurred in 1980, when common-law marriage was still legal in PA, but common-law marriage was barred in PA in 2005) {{cite web|last1=EL|title=Mullen v Suchko|url=http://www.leagle.com/decision/1980778279PaSuper499_1717/MULLEN%20v.%20SUCHKO|website=Leagle|accessdate=December 26, 2015}} Although only a "tacit", or implied/oral, agreement is required in order for palimony to be awarded in PA, there is no online documentation online of any palimony cases after 1990.{{cite web|last1=EL|title=Laws Affecting Unmarried...|url=http://www.ulmerlaw.com/blog/2014/03/laws-affecting-un-married-couples.shtml|website=Ulmer Law|date=March 6, 2014 |accessdate=December 31, 2015}} "Success often means proving the existence of an oral contract." -Quote from a Philadelphia lawyer.{{cite web|last1=EL|title=Palimony lawsuits|url=https://www.orlandosentinel.com/1991/06/24/palimony-lawsuits-are-still-rare/|website=Orlando Sentinel|access-date=December 31, 2015}}
Rhode Island supports a type of palimony called "unjust enrichment," where a paramour may lay claim to property that they do not own.{{cite web|last1=EL|title=The Rights of Unmarried...|url=http://www.mtlhlaw.com/blog/2013/04/the-rights-of-unmarried-couples-in-rhode-island.shtml|website=MTLH Law|accessdate=January 4, 2016}}
Texas law allows for some recognition of palimony. The Texas Family Code does not provide for "palimony.” This means you cannot gain rights under the Texas Family Code because you lived with someone absent a valid marriage. You can, however, create an agreement "on consideration of nonmarital conjugal cohabitation" under the Texas Business and Commerce Code (Tex. Bus. & Com. Code § 26.01(b)(3)).
Utah has no palimony laws. However, palimony lawyers do exist in Utah.{{cite web|last1=EL|title=Family Law...|url=http://www.jljlawgroup.com/family-law/|website=JLJ Law Group|accessdate=January 4, 2016}}
Vermont- No information in regard to Vermont palimony could be found online, except on blogs. Accordingly, "oral" contracts will be considered during palimony suits.{{cite web|last1=EL|title=Does the state of Vermont...|url=http://www.justanswer.com/family-law/1i48a-does-state-vermont-honor-palimony-rights.html#re.v/462/|website=Just Answer|accessdate=January 6, 2016}}
Virginia does have palimony lawyers.{{cite web|last1=EL|title=John P....|url=http://www.msnflaw.com/About/John-P-Snider.shtml|website=Matthews, Snider and Fitzner|accessdate=January 5, 2016|archive-url=https://web.archive.org/web/20160304070041/http://www.msnflaw.com/About/John-P-Snider.shtml|archive-date=March 4, 2016|url-status=dead}}
"Washington courts reserve the power to equitable redistribute property from one unmarried partner to another acquired during a committed intimate relationship." Washington has been listed as one of the three most "liberal" palimony states, in addition to California and Minnesota.
Wisconsin recognizes certain types of palimony.{{cite web|last1=EL|title=FamilyLaw...|url=http://www.madlawyers.com/MLOdivorce.html|website=Divorce Attorneys in Madison WI|accessdate=January 2, 2016}} "Under Wisconsin law, cohabitants may bring a civil unjust enrichment claim upon termination of the relationship. Watts v. Watts, 137 Wis. 2d 506, 405 N.W.2d 303 (1987); Lawlis v. Thompson, 137 Wis. 2d 490, 405 N.W.2d 317 (1987)."{{cite web|last1=EL|title=Family Law...|url=http://wislawjournal.com/2011/09/12/family-law-same-sex-marriage-be-careful-what-you-wish-for/|website=Wisconsin Law Journal|date=September 12, 2011 |accessdate=January 2, 2016}} However, "unlike maintenance, where the parties were married, in a cohabitation, performing household services does not give rise to claim for reimbursement. Rather, services must be linked to an accumulation of wealth or assets during the relationship. Waage v. Borer, 188 Wis.2d 324, 525 N.W.2d 96 (Ct. App. 1994). There must be proof of specific contributions that directly led to an increase in assets or accumulation of wealth. Ward v. Jahnke, 220 Wis. 2d 539, 583 N.W.2d.656 (Ct. App. 1998). (previous citation). "Wisconsin does not allow a palimony." (previous citation). a cohabitation lawsuit is a civil case, without standard forms and processes. As a result, if lawyers are needed in a cohabitation case, the cost may be significantly higher, as drafting pleadings is more expensive than simply completing forms. In addition, jury trials may be available, which could significantly increase the costs." (previous citation).
Wyoming recognizes certain types of palimony.{{cite web|last1=EL|title=Kinneson v Kinneson|url=http://www.leagle.com/decision/19811221627P2d594_11217/KINNISON%20v.%20KINNISON|website=Leagle.com|accessdate=January 2, 2016}}

Palimony-free states

Alabama- No information could be located online in regard to palimony in Alabama.
Arkansas- "Generally, unmarried couples are not afforded any rights or protections, unlike married couples, beyond contract law."{{cite web|last1=EL|title=In the state of Arkansas...|url=http://www.justanswer.com/family-law/5c8y9-state-arkansas-long-does-unmarried-couple.html#re.v/462/|website=Just Answer|accessdate=January 5, 2016}}
Connecticut- "No right to palimony exists under Connecticut law", unless there is a written contract.
District of Columbia- No relevant information was found online in regard to palimony in DC.
Georgia does not recognize any form of palimony.{{cite web|last1=EL|title=Domestic...|url=http://www.dobelsteinlaw.com/domestic-partnerships.html|website=Dobelstein Attorney at Law|accessdate=January 3, 2016}} No cases of the awarding of palimony, neither financial or property related, could be found online.
Kansas- No information on Kansas palimony was found online.
Kentucky- No information on Kentucky palimony was found online, except for on blogs. According to these, Kentucky "does not recognize palimony claims. Kentucky appellate courts have repeatedly refused to create property rights solely on the basis of unmarried cohabitation, even when the parties' relationship closely resembled marriage. In Glidewell v. Glidewell, 790 S.W.2d 925 (Ky.App. 1990), the Kentucky Court of Appeals held that no property rights arose from a relationship in which the parties held themselves out as husband and wife and filed joint tax returns because none of the states in which the parties lived permitted common-law marriage. In Murphy v. Bowen, 756 S.W.2d 149 (Ky.App. 1988), the same court upheld a trial court's summary judgment against Pearl Murphy, who claimed an interest based solely on evidence of a "meretricious relationship", but it is not illegal to file a claim for palimony.{{cite web|last1=EL|title=What is the...?|url=http://www.justanswer.com/law/56xyh-legal-background-palimony-ky-just-exited.html#re.v/462/|website=JustAnswer.com|accessdate=January 4, 2016}}
Louisiana does not recognize palimony law, only contract law.{{cite web|last1=EL|title=I need to know..|url=http://www.justanswer.com/family-law/7eo9p-need-know-palimony-louisiana-thanks.html#re.v/462/|website=Just Answer|accessdate=January 5, 2016}}
Maine is one of only three states that does not recognize any form of palimony.{{cite web|last1=EL|title=Pre-Marriage and...|url=http://www.aatabs.com/nuptial.htm|website=AATABS and...|accessdate=January 3, 2016}}{{cite web|last1=EL|title=Maine's Spousal Support...|url=http://www.rudmanwinchell.com/maine-s-spousal-support-law-becomes-even-more-uncertain/|website=Rudmanwinchell.com|accessdate=January 3, 2016}} No cases of the awarding of palimony, neither financial or property related, could be found online.
Massachusetts does not recognize palimony. "No matter what reason causes the end of the relationship, Massachusetts does not recognize any rights for a couple who cohabit without marriage. This means that no property division of separately owned property. No palimony (or alimony). No rights if your partner is hospitalized. If one person in the relationship sacrifices employment to maintain the home or to care for children, there is no compensation for the lost earning capacity. If one partner dies, there is no right to inherit from the estate. Massachusetts does not allow common law marriage so no matter how long a couple live together, cohabitation won't ever change into a marriage without performing a wedding ceremony."{{cite web|last1=EL|title=Boston MA Divorce...|url=http://massfamilylawblog.blogspot.com/2013/07/if-you-live-together-you-need.html|website=MassFamilyLaw...|date=July 14, 2013 |accessdate=January 4, 2016}}{{cite web|last1=EL|title=Common...|url=http://www.malawforum.com/content/common-law-marriage-ma|website=MALawForum|accessdate=January 4, 2016|archive-date=November 30, 2015|archive-url=https://web.archive.org/web/20151130063332/http://www.malawforum.com/content/common-law-marriage-ma|url-status=dead}} Historically, some people who separate after long periods of cohabitation have tried to obtain property rights or support by litigation. While palimony is not recognized in Massachusetts, there are some legal theories that may give some limited benefits in this situation. These theories can result in some property rights but only in very limited factual circumstances and only after expensive litigation. A well drafted cohabitation agreement should prevent such litigation. While the Commonwealth of Massachusetts won't create protections for cohabitants, the parties can create their own protections by executing legal documents such as a cohabitation agreement and an estate plan.
Michigan- While Michigan's official law does not recognize palimony, Michigan has recognized certain types of palimony-like actions. For example, palimony was awarded because the plaintiff worked for the defendant.{{cite web|last1=EL|title=Palimony Protected|url=https://abcnews.go.com/2020/News/story?id=2352855&page=1|website=ABC News|accessdate=December 30, 2015}}
Mississippi- "Palimony is not recognized in Mississippi."{{cite web|last1=EL|title=Courts.MS.GOV|url=http://courts.ms.gov/images/Opinions/Conv7539.pdf|website=In The Court of Appeals|accessdate=December 30, 2015}} Palimony issues are almost non-existent with the exception of joint property ventures and investments.{{cite web|last1=EL|title=Shakin' Up and the Legal...|url=http://www.mississippifamilylawyerblog.com/2014/07/shackin-up-the-legal-effects-o.html|website=The Law Office of...|date=July 29, 2014 |accessdate=December 30, 2015}}
Missouri does not recognize palimony. However, an ex partner may have other ways to get money or property from an ex-lover. Lawsuits in regard to this are legal but are "rarely brought." Cohabitation agreements will provide protections in regard to this.{{cite web|last1=EL|title=Cohabitation agreements...|url=http://www.pcblawfirm.com/st-louis-family-law-attorneys/cohabitation-agreements-in-missouri/|website=PCBLawFirm|accessdate=January 4, 2016}}
Montana- No reasonable information in regard to palimony in Montana could be found online.
Nebraska- There are no clear references as to Nebraska's acceptance or rejection of palimony awards, but it appears that Nebraska does not recognize palimony unless there is a written agreement. The biggest case regarding palimony is Kinkenon v. Hue. The plaintiff was not awarded any part of the home that the defendant built for them prior to the end of the relationship.{{cite web|last1=EL|title=Kinkenon v Hue|url=http://www.leagle.com/decision/1981378301NW2d77_1375/KINKENON%20v.%20HUE|website=Leagle.com|accessdate=December 30, 2015}}
New Hampshire does not appear to recognize palimony, according to the Joan S. v John S. case.{{cite web|last1=EL|title=Joan S. v John S.|url=http://law.justia.com/cases/new-hampshire/supreme-court/1981/80-083-0.html|website=Law.justia.com|accessdate=December 30, 2015}} Also with Tapley v. Tapley {{cite web|last1=EL|title=Tapley v Tapley|url=http://www.leagle.com/decision/1982849122NH727_1680/TAPLEY%20v.%20TAPLEY|website=Leagle.com|accessdate=December 30, 2015}}
New Jersey no longer recognizes palimony rights in relationships started after 2010, since the passage of the Statute of Frauds legislation.{{cite web|last1=EL|title=Oral Palimony....|url=http://www.smolin.com/palimony-nj/|website=Smolin.com|date=December 2014 |accessdate=December 30, 2015}} However, New Jersey does recognize palimony with relationships that started prior to 2010 (same reference).
Oklahoma- No information in regard to palimony in Oklahoma could be found online.
South Carolina does not grant palimony.{{cite web|last1=EL|title=Does South Carolina...?|url=http://www.justanswer.com/family-law/12mbz-does-south-carolina-recognize-palimony.html#re.v/462/|website=JustAnswer|accessdate=January 5, 2016}}
South Dakota- South Dakota does not recognize palimony.
Tennessee does not recognize palimony.{{cite web|last1=EL|title=How long does....|url=http://www.justanswer.com/family-law/17ilg-long-does-one-live-someone-palimony.html#re.v/462/|website=JustAnswer.com|accessdate=January 4, 2016}}
West Virginia- Even though "this is not a state where you can award palimony",{{cite web|last1=EL|title=Porter v Porter|url=http://www.courtswv.gov/supreme-court/docs/fall2002/29333.htm|website=courtswv.com|accessdate=January 2, 2016}} cohabitation agreements are encouraged in order to discourage palimony-type lawsuits.{{cite web|last1=EL|title=Cohabitation Agreement|url=http://local.attorneyscafe.com/Cohabitation-Agreement-Wheeling-WV-8838378_Wheeling-WV.html|website=Attorneys Cafe|accessdate=January 2, 2016|archive-url=https://web.archive.org/web/20160304093447/http://local.attorneyscafe.com/Cohabitation-Agreement-Wheeling-WV-8838378_Wheeling-WV.html|archive-date=March 4, 2016|url-status=dead}}