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Palimony: The Ultimate Bad Break-up

On behalf of Feinberg & Waller, APC | Jul 24, 2013 | Relationships

If you’ve ever been through a break-up, you probably know how difficult it can be to get over a former boyfriend or girlfriend. Recovering from a break-up is made difficult as you learn to redefine yourself as a single person again. Having been in a relationship, you may need to become comfortable again on the singles circuit or regain your ability to get into a new relationship with another person. These are difficult problems to overcome, but you can do it.

And if your break-up includes palimony, things can get even more complicated.

What Is Palimony?

Imagine breaking up with your boyfriend or girlfriend and then having to financially support him or her. That is what happens with palimony. The term palimony is a play on the words “pal” and “alimony.” Alimony is what one spouse is required to pay the other spouse in a divorce. It is a series of payments made each month to help the supported spouse get “back on their feet.”

But what if the two of you weren’t married? That’s where palimony comes in. Palimony acts as a kind of alimony for those who have been living together for a period of time, but were never legally married.

In California, there is no common-law marriage, so the court will not consider living together as evidence of an implied “commitment” by the person with a greater income to support the one with a lower income. Yet, if one person made a contractually enforceable promise to support the other even after a break-up, the court could order this person to follow-through on that promise. An oral promise or contract is difficult to prove in court, and most of the time, the court will not order support payments if the couple has not been married.

To avoid such a scenario, think carefully before you move in with your significant other. Then, if you still want to, consider creating a written separation agreement. A separation agreement should spell out the financial relationship between you and your partner and the expectations each of you have in the event the relationship ends. This agreement can help to ensure that if you ever break up, you will not be forced to financially support your ex.

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Intake Process

Step 1

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How Do You Pick the Right Family Law Attorney? First, you must start scheduling consultations with different attorneys to be sure that your attorney is someone with whom you get along with and whose personality blends with yours. You need to find an attorney who is knowledgeable and one who has years of experience in family law. Price is also a consideration. When it comes to family law, this is not an area where you want to “bargain shop.” To simplify your experience in finding the right attorney, here is the Intake Process so you know what to expect when calling our office.

Step 2

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When you call Feinberg & Waller, APC for an initial consultation, our Case Intake Manager will ask some basic questions about you, your spouse, your financial picture, and your case. Our Intake Process helps us determine if we can handle your matter while managing the needs of our existing clients. Feinberg & Waller, APC limits the number of cases we accept because we’ve found that selectivity advances our commitment to excellence.

Step 3

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After we receive your basic information, we run a conflict check to make sure we have not spoken with your spouse in the past. We want to confirm there will be no conflict for us working with you as a potential new client. Thereafter, we will call you back to inform you of the results of the conflict check. If we are able to assist you, our Case Intake Manager will go over the range in fees, from our paralegals at $195/hr, to our associate attorneys starting at $250/hr, and our Certified Family Law Specialists (CFLS) starting at $550/hr. 

Step 4

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If we are able to handle your matter, we will schedule your consultation with one of Feinberg & Waller’s Certified Family Law Specialists. A CFLS has gone through a rigorous process of proven qualifications. They are better trained and more experienced than most other non-certified family law attorneys. You want to be sure to be on equal footing, if not better, than your spouse in terms of the credentials of your team. You want a lawyer who is committed enough to their craft to become board certified.

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