Legal Question in Family Law in New York
Cohab/palimony
I have been with a man for 5.5 years. Found out he was married 1.5 ago. I stayed. He got divorced and now things are not working out well. Legally I look like his mistress, but I did not know of the marriage. We signed a cohab agreement :one we did up online and had notarized. I gave up school and my life for this man and he painted a picture that never came to pass. Things started to get very abusive. I need to end it and am dependent financially. Should I go for palimony or show a cohab agreement that may not be binding (we werent represented seperately by attorneys)or go after him because of the abuse? I dont know if I can mention all of the above in court. Will he have to give me something? I gave up a 100 thousand a year job.. And he makes close to that in a month. Please , I need some advice! Thank you.
3 Answers from Attorneys
Re: Cohab/palimony
Palimony is not recognized in New York - however, cohabitation without marriage does not prevent the parties from making an agreement within the normal rules of contract law. So, the question is going to be precisely what are the terms of your agreement with this individual.
This is a complex area of law, and specific words in the agreements you've made will make all the difference. If you'd like to arrange a consultation, please give me a call.
Re: Cohab/palimony
It sounds like you may have a good case for palimony based on several grounds. You should have a lawyer review your cohabitation agreement and discuss your options.
Re: Cohab/palimony
N.Y. does not recognize "palimony",however you may haVE A CAUSE OF ACTION BASED UPON BREACH OF CONTRACT. yOU MAY ALSO HAVE GROUNDS FOR DAMAGES IN EQUITY BASED UPON FRAUD. tHE SPECIFICS OF THE CONTRACT ARE NEEDED TO ACCURATELY EVALUATE YOUR OPTIONS.
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