Does Arizona Allow Palimony?
Palimony is an attractive concept for couples who have just broken up, but is it available in Arizona?
What is It?
Palimony is a similar concept to alimony or spousal maintenance. Where alimony involves payments between divorced couples who were married, palimony is compensation for couples who weren’t married.
Who can Receive It?
This fact yet remains unclear, as there aren’t any laws that govern who can actually receive palimony. As a result, the decision of whether an individual should receive palimony is largely down to the courts.
Is It Permitted in Arizona?
Although not a part of statutory law, in some circumstances courts may issue a financial support order after a separation or breakup. For example, cases where courts have issued such an order have involved relationships where financial support was promised by a partner in return for being taken care of domestically.
As a result, although not legally justified, in some instances courts in Arizona may grant palimony to an individual after a breakup. It should be stressed, however, that these are highly uncommon and are generally the result of a Cohabitation Agreement or other written agreement that evidences the intent necessary to confer the right of palimony.
How can You Avoid a Difficult Breakup?
There are certain steps you can take to avoid legal action after your breakup. Before moving in together, couples should draw up an agreement that details how property should be divided in the event of a breakup.
Some couples are reluctant to do this, on the grounds that it comes across as an acceptance of failure in the relationship. It is, however, the safest way to protect both parties.
Consult a Lawyer for a Smooth Legal Process
If you’ve been requested to pay palimony to your ex-partner, it’s advisable to speak with a lawyer as soon as possible and ask for professional representation. A family lawyer will help you to work through any legal issues you might be facing and bring the overall situation to an amicable conclusion.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Palimony, or other family law issues, please feel free to contact Barry C. Dickerson at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools, and municipalities in Mesa and the Phoenix/East Valley.