Palimony
Encyclopedia
Palimony is a popular term used to describe the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term is a portmanteau of the words pal and alimony
. The neologism was coined by celebrity divorce attorney Marvin Mitchelson
in 1977 when his client Michelle Triola Marvin
filed an unsuccessful suit against the actor Lee Marvin
.
, which is typically provided for by law, palimony is not guaranteed to unmarried partners. There must be a clear agreement, written or oral, by both partners stipulating the extent of financial sharing and/or support in order for palimony to be granted. Palimony cases are determined in civil court as a contract matter, rather than in family court, as in cases of divorce
.
claimed that actor Lee Marvin
, who was still married at the time they began living together, had promised to support her for the rest of her life. In the end, in Marvin v. Marvin, the California Supreme Court ruled that Michelle Triola Marvin had not proven the existence of a contract between herself and Mr. Marvin that gave her an interest in his property. Thus, the common law rule applied to the situation without alteration, and she took away from the relationship and the household what she brought to it.
The Court went on to explain that while the state abolished common law marriage in 1896, California law recognizes non-marital relationship contracts. These contracts may be express or implied, oral or written—but they must be provable in any case. The contract may also provide for a sexual relationship as long as it is not a contract for sexual services. Eventually, the California Court of Appeal
ruled that since Michelle Triola (later she changed her name) and Lee Marvin never had a contract, she was not entitled to any money.
Country charts in 1980.
Stuck on You! is a 1982 comedy film follows estranged couple Bill and Carol, who are in a palimony suit against each other.
The character Albert Goldman played by Nathan Lane
, in the 1996 film The Birdcage
asks for a palimony agreement from his partner, Armand Goldman played by Robin Williams
.
Palimony was used as a form of revenge by the Bridgette Wilson
character, Chelsea Turner against her character's boyfriend Seth Winnick played by French Stewart
in the 1999 film Love Stinks
.
Included in the liner notes for Bon Jovi
's Slippery When Wet
album is a thank you to the group's "expensive lawyers" for helping them to negotiate alimony and palimony payments.
Seeking palimony was an option considered by the lawyer Jane Bingum (Brooke Elliott
) during an episode of Drop Dead Diva
where one man married two women. The women ultimately chose to sue their husband for fraud.
Alimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
. The neologism was coined by celebrity divorce attorney Marvin Mitchelson
Marvin Mitchelson
Marvin M. Mitchelson was an American celebrity lawyer who pioneered the concept of palimony, calling it "marriage with no rings attached."-Biography:...
in 1977 when his client Michelle Triola Marvin
Michelle Triola
Michelle Triola was an American actress who was mainly notable for unsuccessfully suing Lee Marvin in 1977, having cohabited with him from 1965-1970. The trial, which brought about the concept of palimony, was widely covered in the media at the time...
filed an unsuccessful suit against the actor Lee Marvin
Lee Marvin
Lee Marvin was an American film actor. Known for his gravelly voice, white hair and 6' 2" stature, Marvin at first did supporting roles, mostly villains, soldiers and other hardboiled characters, but after winning an Academy Award for Best Actor for his dual roles in Cat Ballou , he landed more...
.
Background
Unlike alimonyAlimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
, which is typically provided for by law, palimony is not guaranteed to unmarried partners. There must be a clear agreement, written or oral, by both partners stipulating the extent of financial sharing and/or support in order for palimony to be granted. Palimony cases are determined in civil court as a contract matter, rather than in family court, as in cases of divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
.
Marvin v. Marvin
In 1971, Michelle MarvinMichelle Triola
Michelle Triola was an American actress who was mainly notable for unsuccessfully suing Lee Marvin in 1977, having cohabited with him from 1965-1970. The trial, which brought about the concept of palimony, was widely covered in the media at the time...
claimed that actor Lee Marvin
Lee Marvin
Lee Marvin was an American film actor. Known for his gravelly voice, white hair and 6' 2" stature, Marvin at first did supporting roles, mostly villains, soldiers and other hardboiled characters, but after winning an Academy Award for Best Actor for his dual roles in Cat Ballou , he landed more...
, who was still married at the time they began living together, had promised to support her for the rest of her life. In the end, in Marvin v. Marvin, the California Supreme Court ruled that Michelle Triola Marvin had not proven the existence of a contract between herself and Mr. Marvin that gave her an interest in his property. Thus, the common law rule applied to the situation without alteration, and she took away from the relationship and the household what she brought to it.
The Court went on to explain that while the state abolished common law marriage in 1896, California law recognizes non-marital relationship contracts. These contracts may be express or implied, oral or written—but they must be provable in any case. The contract may also provide for a sexual relationship as long as it is not a contract for sexual services. Eventually, the California Court of Appeal
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
ruled that since Michelle Triola (later she changed her name) and Lee Marvin never had a contract, she was not entitled to any money.
Notable cases
- In 1982, pianist LiberaceLiberaceWladziu Valentino Liberace , best known simply as Liberace, was a famous American pianist and vocalist.In a career that spanned four decades of concerts, recordings, motion pictures, television and endorsements, Liberace became world-renowned...
was sued for US$United States dollarThe United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
113 million in palimony by his partner Scott ThorsonScott ThorsonScott Thorson became famous for his relationship with and lawsuit against entertainer Liberace and his testimony against gangster Eddie Nash.-Relationship with Liberace:...
. Though most of Thorson's claim was dismissed, he received a US$95,000 settlement. - Judy NelsonJudy NelsonJudy Hill Nelson is an author best known for her 1983-1991 romance with and eventual palimony suit against women's tennis star Martina Navratilova. After their break-up, Ms. Nelson authored the books Love Match: Nelson vs...
filed a palimony suit against women's tennis star Martina Navratilova after their breakup in 1991. - In 1996, Van CliburnVan CliburnHarvey Lavan "Van" Cliburn Jr. is an American pianist who achieved worldwide recognition in 1958 at age 23, when he won the first quadrennial International Tchaikovsky Piano Competition in Moscow, at the height of the Cold War....
was sued by former partner Thomas Zaremba for a share of his income and assets following a 17-year relationship ending in 1994. Zaremba's palimony case was dismissed for lack of written agreement, along with claims for emotional distress and that Cliburn subjected him to the fear of AIDS through Cliburn's alleged unprotected liaisons with third parties. - Canadian figure skater Brian OrserBrian OrserBrian Ernest Orser, OC is a Canadian retired competitive and professional figure skater. He is the 1984 and 1988 Olympic silver medalist, 1987 World champion and the 1981-1988 Canadian national champion....
was sued by a former lover in 1998, outingComing outComing out is a figure of speech for lesbian, gay, bisexual, and transgender people's disclosure of their sexual orientation and/or gender identity....
Orser in the process. - In 2004, comedian Bill MaherBill MaherWilliam "Bill" Maher, Jr. is an American stand-up comedian, television host, political commentator, author and actor. Before his current role as the host of HBO's Real Time with Bill Maher, Maher hosted a similar late-night talk show called Politically Incorrect originally on Comedy Central and...
was sued for US$9 million by his ex-girlfriend, Nancy Johnson a.k.a. "Coco Johnsen". On May 2, 2005, a California Superior Court judge dismissed the case. - In 2010, in the Indian case of D. Velusamy vs D. Patchaiammal, Markandey KatjuMarkandey KatjuJustice Markandey Katju is the Chairman, Press Council of India. He was formerly a Judge of the Supreme Court of India.-Family / Background:Justice Markandey Katju was born on September 20, 1946 in Lucknow, India. He is of Kashmiri Brahmin descent...
, a judge of the Indian Supreme Court, referred to the concept of palimony while delivering judgment. This case is also notable for the heavy use of 'WikipediaWikipediaWikipedia is a free, web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its 20 million articles have been written collaboratively by volunteers around the world. Almost all of its articles can be edited by anyone with access to the site,...
' and 'GoogleGoogleGoogle Inc. is an American multinational public corporation invested in Internet search, cloud computing, and advertising technologies. Google hosts and develops a number of Internet-based services and products, and generates profit primarily from advertising through its AdWords program...
' by the learned Justice in the judgment, which was later criticised in some quarters, notably by the Additional Solicitor General of India, Indira JaisingIndira JaisingIndira Jaising is a leftist Indian lawyer. She went to school in Mumbai and graduated in Bangalore, before getting her degree in law in 1962. Jaising became the second woman to be designated as a Senior Advocate by the High Court of Bombay in 1986 .She became the first woman to be appointed...
.
In popular culture
Country singer Leon Rausch's song "Palimony" went to #81 on the BillboardBillboard (magazine)
Billboard is a weekly American magazine devoted to the music industry, and is one of the oldest trade magazines in the world. It maintains several internationally recognized music charts that track the most popular songs and albums in various categories on a weekly basis...
Country charts in 1980.
Stuck on You! is a 1982 comedy film follows estranged couple Bill and Carol, who are in a palimony suit against each other.
The character Albert Goldman played by Nathan Lane
Nathan Lane
Nathan Lane is an American actor of stage and screen. He is best known for his roles as Mendy in The Lisbon Traviata, Albert in The Birdcage, Max Bialystock in the musical The Producers, Ernie Smuntz in MouseHunt, Nathan Detroit in Guys and Dolls, Pseudolus in A Funny Thing Happened on the Way to...
, in the 1996 film The Birdcage
The Birdcage
The Birdcage is a 1996 American comedy film directed by Mike Nichols, and stars Robin Williams, Nathan Lane, Gene Hackman, Dianne Wiest, Dan Futterman, Calista Flockhart, Hank Azaria, and Christine Baranski. The script was written by Elaine May...
asks for a palimony agreement from his partner, Armand Goldman played by Robin Williams
Robin Williams
Robin McLaurin Williams is an American actor and comedian. Rising to fame with his role as the alien Mork in the TV series Mork and Mindy, and later stand-up comedy work, Williams has performed in many feature films since 1980. He won the Academy Award for Best Supporting Actor for his performance...
.
Palimony was used as a form of revenge by the Bridgette Wilson
Bridgette Wilson
Bridgette Leann Wilson-Sampras is an American actress, singer and model. A Miss Teen USA in 1990, Wilson holds several acting roles in television and movies, including the role of Veronica Vaughn in the movie Billy Madison, the role of Elsa Shivers in the movie I Know What You Did Last Summer, and...
character, Chelsea Turner against her character's boyfriend Seth Winnick played by French Stewart
French Stewart
Milton French Stewart , better known by his stage name French Stewart, is an American actor, best known for his role as Harry Solomon on the 1990s sitcom 3rd Rock from the Sun.-Early life:...
in the 1999 film Love Stinks
Love Stinks (film)
Love Stinks is a 1999 comedy starring French Stewart, Bridgette Wilson, Bill Bellamy and Tyra Banks. It was written and directed by Jeff Franklin, who previously created the long-running hit TV series Full House.-Plot summary:...
.
Included in the liner notes for Bon Jovi
Bon Jovi
Bon Jovi is an American rock band from Sayreville, New Jersey. Formed in 1983, Bon Jovi consists of lead singer and namesake Jon Bon Jovi , guitarist Richie Sambora, keyboardist David Bryan, drummer Tico Torres, as well as current bassist Hugh McDonald...
's Slippery When Wet
Slippery When Wet
Slippery When Wet is the third studio album by Bon Jovi, released in August 1986 by Vertigo Records. Slippery When Wet was an instant commercial success. The album features songs that are today considered as Bon Jovi's most well-known tracks such as "You Give Love a Bad Name", "Livin' on a Prayer"...
album is a thank you to the group's "expensive lawyers" for helping them to negotiate alimony and palimony payments.
Seeking palimony was an option considered by the lawyer Jane Bingum (Brooke Elliott
Brooke Elliott
Brooke Elliott is an American actress and singer. She is perhaps best known for her role as Jane Bingum on Lifetime's Drop Dead Diva.- Life and career :...
) during an episode of Drop Dead Diva
Drop Dead Diva
Drop Dead Diva is an American legal comedy-drama/fantasy television series that debuted on Lifetime on July 12, 2009. The hour-long series, which was created by Josh Berman, is produced by Sony Pictures Television...
where one man married two women. The women ultimately chose to sue their husband for fraud.