Much like alimony in a divorce, palimony is support paid by one partner to the other when an unmarried, cohabitating couple breaks up. Each state has its own stance when it comes to deciding which factors would be the basis for these support payments. Usually speaking, however, one important factor in ordering palimony is whether or not there was an agreement between the partners that one would support the other. This doesn't always have to be a formal cohabitation agreement either, though such a document could be instrumental to bolster a claim for palimony. There are a few different types of agreements that could convince a judge to order palimony, a contract that is:

• Implied,
• Oral, or
• Written

What is an implied agreement? Looking at how each partner behaved throughout the relationship, an agreement could be inferred. This could be the case, for instance, if one partner gave up a career to take care of the home or any kids. Or if one partner went to great lengths to support the other through school or training, this too could be a factor.

An oral agreement of support is tricky to establish in court. You would certainly need reliable witnesses to corroborate this claim. Written agreements are probably best, simplifying the legal processes of a separation, the agreement that might have the best shot of holding up in court.

Other factors aside from a contract could include:

• How long the relationship lasted
• A substantial disparity between the two incomes
• The expected earnings of the partner requesting palimony

Ideally, you could take care of a palimony suit before it would ever need to be filed, by agreeing to arrangements for property division and support payments in a cohabitation agreement (also known as a living together agreement). In many ways, this agreement would operate along the same lines as a prenuptial agreement, so each partner could work with his or her own lawyer to make sure that their rights are protected. If you would like to learn more about cohabitation agreements and support payments, don't hesitate to start talking to a family attorney today.