Legal Question in Family Law in Pennsylvania
women's rights without common law
A man and woman have been a couple for 12 years, but agreed never to marry. Everyone knows she is just his girlfriend and that he also sees others. They have no joint bank accounts and do not file taxes jointly. She helped him build the house where they live 9 years ago, but did not contribute financially. She works now and pays the electric bill of $100 and helps him at his store sometimes. She does his laundry and takes care of the house. He is very generous with her, pays her car insurance, buys her things like computers, etc., and has helped her daughter from a previous marriage and two grandchildren. Now he's asking her to leave and she is willing to do so, but wants $25,000. Does she have any rights when common law is definitely not an issue? He is willing to help her, but not $25,000. She is 50 and divorced, and he is 42 and never married.
1 Answer from Attorneys
Re: women's rights without common law
Legally the man may be able to escape any payment at all. But there are no guarantees and if she gets a good attorney she may make a claim for compensation for what is known as palimony.
The legal fees for the man in fighting such a claim could easily exceed $25,000. Depending on his risk exposure (his wealth) the fees could easily exceed multiples of that amount.
A lawyer's job isn't necessarily to tell a person he or she can win a fight, but we should counsel that person whether to be in the fight in the first place. If I were representing the man I would say yes this is a fight we could win. But it would cost.
If I were representing the woman I would also yes this is a fight we could win, but I would take the case for free depending on recovery. Lawyers are prohibtted from taking divorce actions on a contingency basis, but this wouldn't be a divorce action. Depending on the man's risk exposure I think I could get her a very nice award.
You should speak with an attorney about settling this matter. Do not try to do it yourself. There are issues that must be covered that could get you in trouble down the road if missed. On a practical level, you should plan on giving her at the very least the amount she requested, if not more. If she gets a decent lawyer (or better yet, me) she could get a much larger sum.
Finally, remember that you've spent a long time together. I bet a lot of that time was very good. Do you really want to end a long relationship on such a sour note as a fight over a small amount of money?
Good luck,
Roger Traversa
email: [email protected]
PS - Feel free to give her my name. This looks to be a fun case to work on.
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