California Palimony Suits:
pal·i·mo·ny:
1. An allowance for support made under court order and given usually by one person to his or her former lover or live-in companion after they have separated.
2. Support paid by one half of an unmarried partnership after the relationship ends.
A word of advice from the Chairman of the California Family Law Institute, J. Michael Kelly:
The first palimony suit was brought by a girlfriend of the actor Lee Marvin, Michelle Triola, back in 1977.
The lawsuit stated that Lee Marvin had promised to support Michelle Triola for the rest of her life. Then she alledged that she had given up a promising singing and acting career to be Lee Marvin's constant companion, traveling partner, and to assist him.
Lee Marvin was married to Mrs. Lee Marvin at the time. The suit went to trial. It established the principal that "live-in-lovers" can sue on supposed oral contracts also called "pillow-talk" contracts.
Ms. Triola never received a single dollar from Lee Marvin. She was not able to establish all the requisite requirements. On appellant remand The California Supreme Court sent it back to the Trial Tourt.
The trial court then attempted to give Ms. Triola $150,000 in rehabilitation money. That too went to the California Supreme Court. The California Supreme Court ruled that no rehabilitation could be ordered.
Approximately 5-years-ago in a clear move to stop "pillow-talk" lawsuits, the California Supreme Court in another case affirmed that all of the rules of an oral contract must be fulfilled in order to have a successful palimony suit.
Palimony is a popularized press term for an oral contract lawsuit. There is no statutory term for palimony.
I have defended and hired the requisite legal team to start the defense of one of the largest palimony suits in California history wherein the gentleman was worth $95-million-dollars net. It was an ultimately a successful defense.
After 35-years of strictly family law practice, I have had extensive experience in both prosecuting and defending palimony suits. Palimony suits are currently and will be for the foreseeable future litigated as civil oral contract suits in California State Civil Courts NOT FAMILY LAW COURTS.
Keep in mind that in Palimony Suits:
- Alimony cannot be awarded
- Rehabilitation cannot be awarded
- Attorney fees can not be awarded
- Accounting and tracing fees cannot be awarded
- Discovery fees for interrogatories and depositions cannot be awarded.
Many palimony cases are tried in front of a civil jury.
It is an absolute requirement that the parties have lived together. Absent this, a palimony suit will fall in a demur before it ever gets to litigation on its merits. Only a highly skilled lawyer with significant jury and litigation experience stands a chance of successfully prosecuting a palimony suit.
Lovers can make promises to one another regarding long term commitments that may cause people to stop their careers, quit their jobs, relocate from one coast to the other or one state to the other, or sell their house or business in order to serve the relationship.
These and other factors are the measure of damages that are factored by the civil courts and juries. Prenuptial agreements, which we specialize in, are used to either cause the person making the promises to clearly put the terms and details of the relationship into writing or just as importantly exclude certain responsibilities from the relationship.
Unmarried people can promise one another to pay monthly or yearly support depending on the length of time of the relationship or to the degree that they have an important career whether it is acting or business, or writing, all of which can have a significant impact on their life such as a major relocation.
These agreements can bring a significant amount of integrity and honor into an unmarried relationship or they can be the greatest insurance policy for an individual of high income, trust fund income, or significant assets.
I have never had one of my agreements overturned in 30-years. But I use extensive doctor, psychology and advisory participation. More importantly, I configure my agreements over audio and videotape live testimonial while they sign the prenuptial agreement.
I have never had any agreement overturned in the last 30 years because of this audio and video requirement that are included in the preparation.
This technique eliminates many of the typical defenses such as "I didn't understand it," "I was drunk or on dope," or "I signed under duress."
Because of the Barry Bonds case involving a 48-million-dollar contract and a prenuptial agreement, new statues have been passed by the California State legislator making prenuptial agreements even more difficult.
Only a skilled family law expert should prepare a prenuptial agreement. The greatest mistake I see people make is to pull a prenuptial agreement from a book or off the Internet and prepare them themselves or have an average attorney do it for them.
This is the most expense error an individual can ever make. And they are almost always and easily overturned. This becomes extremely costly for people who prepared a co-habitation or prenuptial agreement and then get married.
California Family Law Institute (MAP)
429 Santa Monica Blvd., Suite 120
Santa Monica, CA 90401
(310) 393-0236 Fax (310) 393-4221
California Family Law Institute (e-mail)
