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Cohabitation
Am I legally entitled to financial support from my domestic partner after a 12 year relationship?

Am I legally entitled to financial support from my domestic partner after a 12 year relationship?

Full question:

My question is pertaining to Palimony, in simple terms, after a 12 year relationship, my domestic partner has decided he would like a much younger partner. In the 12yrs. I have given up everything I owned, including a business, to first raise his 4 children, and then to travel the country after I was diagnosed with CML, and HIV+. Now I am unable to draw SSA because of my past working history, and will be flat broke, no place to live, and most important, no insurance for my health. He is currently drawing disability from the Federal Government, as well as the private sector and is awaiting his SSA, at the present time, his name is on all property such as a brand new home of 3 months, and a 38ft. 2006 class A motor home, and 2 vehicles. What is my legal rights, can you help?

Category: Cohabitation
Date: 04/07/2025
State: National

Answer:

Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term
relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends.

Cohabitation alone does not create any type of support obligation between the parties, but such obligation may come from cohabitation agreements. Written cohabitation agreements usually involve financial and property arrangements. Parties can provide arrangements analogous to community or marital property laws or can provide other arrangements
that are more favorable to the couple. States will generally recognize contracts between parties who cohabitate if the contract is not based on sexual services.

Some states, municipalities, and private employers extend benefits to registered "domestic partners." Cities in North Carolina that extend benefits to domestic partners and/or provide a domestic partner registry include Chapel Hill and Carrboro. The greatest benefit in registering as
domestic partners is that each partner enjoys insurance coverage, family leave, and retirement benefits similar to married couples, though these rights are considerably more restricted than rights afforded to married couples. These rights are not generally recognized outside the
jurisdiction that permits registration of domestic partners.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does it take to be considered domestic partner?

The time it takes to be considered a domestic partner varies by state and the specific criteria set by local laws. Generally, a domestic partnership may be recognized after living together for a certain period, which can range from a few months to several years. Some states require a formal registration process to establish a domestic partnership, while others recognize it based on cohabitation and mutual commitment. Always check your state's specific requirements for domestic partnership recognition.

What is an example of palimony?

Palimony refers to financial support or property division between unmarried partners after a relationship ends. An example could be if one partner contributed significantly to the household or supported the other partner's career, and upon separation, seeks compensation for those contributions. Unlike alimony in marriage, palimony is not automatically granted and often depends on the existence of a cohabitation agreement or the specific circumstances of the relationship.

Is my live-in girlfriend a domestic partner?

Whether your live-in girlfriend qualifies as a domestic partner depends on state laws and the nature of your relationship. Many states define domestic partners as individuals who live together in a committed relationship, often for a specified period. Some states require registration as domestic partners to receive legal recognition and benefits. Consider your living arrangement and any agreements you may have to determine if you meet the criteria for domestic partnership.

How long do you have to be in a relationship to be considered a domestic partner?

The duration required to be considered a domestic partner varies by state. Some states may require a minimum of six months to a year of cohabitation, while others may not specify a time frame but look at the nature of the relationship. It's essential to check your state's laws regarding domestic partnerships to understand the specific requirements for recognition.

How is palimony calculated?

Palimony is typically calculated based on the contributions of each partner during the relationship, including financial support, property ownership, and sacrifices made for the partnership. Unlike alimony, there is no standard formula for calculating palimony, as it often depends on the specific circumstances of the relationship and any agreements made between partners. Courts may consider factors such as the length of the relationship and the financial situation of both parties.

How long is a relationship considered common law?

A relationship may be considered common law after the couple has lived together for a certain period, which varies by state. In some states, cohabitation for as little as a few years can establish common law marriage, while others may have stricter requirements. Additionally, the couple must present themselves as married and intend to be married. It's important to consult your state's laws to understand the specific criteria for common law marriage.