Legal Question in Family Law in California
Palimony
I have been living with my boyfriend for 9 years. He has told me this is forever, I have greeting cards he's given me to back this up. I love him and things are fine, but I want to be planning my future with him. He is divorced and doesn't believe marriage is important but has told me we may ''someday''. He pays for the mortgage on our $1million home, cosigned on my luxury car (I make the payments), he pays for all entertainment, vacations, utilities, just about everything. If he wakes up one day and says we are done, or emotionally abuses me or does other such things so as to alienate me from his affections, am I entitled to any financial support? Based on his promises of a future together and his promise to provide for us, I have not saved for the future myself? Please advise. I want to be sure I am protected and not having blind faith. Short of this, I will have to leave him if he will not make a legal commitment.
Thank you.
2 Answers from Attorneys
Re: Palimony
You obviously realize that you do not have the protection of the marriage contract. Your other half is probably fully aware also. If there is to be no marriage commitment then perhaps you need to review your situation and protect your interests by possibly having you included on the bank accountas or real estate etc. If your boyfriend is willing to agree to that then he is showing good faith. However, it is more likely than not that your boyfriend wants the best of both worlds - at your expense.....9 years is a large chunk out of anyone's life. Otherwise, the only protection you have will probably be based upon contract law. I hope the above is helpful. Regards, Damian Nolan.
Re: Palimony
In your situation the only benefits you would receive would be those that you can prove that you both agreed on. California has established the agreement for married couples, which sets forth there obligation to each other during the marriage and after the marriage is terminated. You only have to prove that you were legally married.
His reason for not wanting marriage is that he has no legal obligation to provide for you. He can just walk away. Short of marriage you could have your name added to the deed to the house, clearly stating your interest in the house, and then start saving money. He is saving money in the house and other investments which he is able to make as a result of the fiancial assistance from your contributations to the marriage.