What You Need to Know About Marvin Rights and Palimony in California
If you were in a common-law marriage, you may be entitled to financial support. Here’s everything you need to know about Marvin actions and palimony in California.
What Is Palimony in California?
Under California law, some unmarried partners can receive palimony, or financial support after a breakup. While California does not recognize common-law marriage, there are some instances in which a civil court can order a person to pay palimony to their unmarried partner.
In California, partners do not have to be married or have a written contract in order to be eligible for financial support after a breakup. Palimony can be granted to some unmarried partners after a breakup.
What Is A Marvin Action in California?
A Marvin action is essentially a request for palimony. An unmarried partner may file a Marvin action with a civil court and be eligible for financial support after a breakup, even if the couple did not wed or have a contract.
A 1976 court ruling between Michelle Triola and Lee Marvin coined the term. Marvin and Triola were dating but not married, and Marvin decided to end the relationship. Triola filed a lawsuit against Marvin, claiming that he owed her financial support similar to alimony. In court, she claimed that she deserved financial support because she and Marvin lived together for 7 years. Triola gave up her career to take care of Marvin and the household. As she was reliant on Marvin’s income, Triola claimed to deserve financial support after the breakup. The California Supreme Court ruled in favor of Triola, confirming that partners do not have to be married or have a contract to be eligible for financial support. This established the precedent in California for some unmarried partners to be eligible for financial support.
When Is Palimony Awarded in California?
There are only certain situations in which someone can receive palimony in California. The two ways for an individual to receive palimony is if they are a “putative spouse”, or they have a written, verbal, or implied contract.
Putative Spouse
Putative spouses, or partners that mistakenly thought they were married, may be eligible for palimony. For a putative spouse to be eligible for palimony under California law, this mistaken belief must be (1) reasonable and (2) in good faith.
Spouses may mistakenly believe they were married if the marriage was void due to fraud, or if divorce papers were not filed correctly. Ultimately, you must have believed you were married, when you in fact were not due to an issue you were unaware of. If you can prove that you were a putative spouse, you will likely receive palimony.
Contractual Arrangement
Another way to be eligible for palimony in California is if you and your partner were in a contractual relationship similar to a legal marriage. Although a written contract would make your rights to palimony stronger, a partner with a verbal or implied contract may be eligible to receive palimony as well.
If you can prove in court that you and your partner had a contractual relationship similar to a legal marriage, you may be eligible for palimony. This evidence can be used in court to determine whether a contractual relationship existed:
- Assets being jointly owned/not being separated
- Sharing income or assets
- Sharing credit cards or bank accounts
- Naming your partner in your will
What Factors Affect Palimony Rights?
Factors that may affect one’s palimony rights include:
- The length of the relationship
- Whether you became financially dependent on your partner
- Whether the partners lived together
- How you cared for your partner
- If you took primary care of your kids
- A written agreement
- Evidence of a verbal or implied agreement
If you can prove the factors listed above, you will likely be eligible to receive palimony for a certain period of time.
Draft a Palimony/Cohabitation Agreement
The best way to secure your palimony rights is to draft and sign a cohabitation agreement between you and your partner. Similar to a prenuptial agreement, this contract will clearly state how property will be divided in the event that partners break up. A written contract can help resolve any disputes between you and your partner.
California Palimony Statute of Limitations
If you and your partner have a written cohabitation or palimony agreement, you have two years since the date the contract was breached to file a Marvin action. Under California’s statute of limitations, you have two years since the breach of contract to be eligible for palimony.
Palimony vs. Alimony
While palimony is granted to unmarried partners after a breakup, alimony is awarded to spouses after a divorce. Palimony is essentially the same concept as spousal support, but for unmarried couples.
How long do you have to be in a common-law marriage to qualify for palimony in California?
While there is no set length of time you have to be in a common-law marriage in order to qualify for palimony in California, most judges only grant Marvin actions past three years. Other factors, like the existence of a contract, will also be closely evaluated when determining palimony rights.
Free Consultation With a Palimony Attorney in California
If you need help getting palimony in California, contact us. We’ll get you in touch with the right attorney for your unique legal matter. Get your free consultation with one of our California Palimony Lawyers today!