Unmarried couples who have been in long-term relationships may wonder if they are eligible for spousal support or alimony after separating. Since they were not legally married, the rules differ significantly from those applied to married couples.
Understanding the legal distinction
In most states, unmarried partners do not have the legal right to claim spousal support or alimony. These benefits are generally reserved for legally married spouses who divorce. Without the legal bond of marriage, the court system does not recognize the same level of financial responsibility between partners.
Exceptions in certain states
Some states do make exceptions through what’s called “palimony.” This term refers to financial support granted to unmarried partners after a relationship ends. However, palimony is only available in a handful of states, and even then, it requires that the partners had a written agreement or contract outlining financial support in case of a breakup. Oral agreements are rarely enforceable.
What can unmarried partners do?
To protect financial interests, unmarried couples can create a cohabitation agreement. This document can outline financial arrangements, including what happens in the event of a separation. While this does not guarantee spousal support, it provides a legal framework for resolving financial disputes.
When to seek legal advice
Unmarried partners who are separating after a long-term relationship should seek legal advice to explore their options. Although most will not qualify for alimony, other legal avenues may offer some financial protection, especially if they have shared assets or children together.
Legal guidance is crucial to ensure that both parties understand their rights and responsibilities, especially in complex cases.
