“Palimony” is the payment of financial support to a former live-in romantic partner. It can also refer to the division of property as if it were community property.
In Nevada, “palimony” rights arise from a cohabitation agreement. The agreement does not need to be in writing. But the partner suing for palimony must prove that the agreement provided for:
- The sharing of property after a break-up, and/or
- The payment of post-breakup financial support.
To help you better understand palimony, our Las Vegas family law attorneys discuss:
- 1. What is “palimony”?
- 2. How are palimony rights created in Nevada?
- 3. Does an agreement for palimony need to be in writing?
- 4. What rights can couples create under a palimony agreement?
- 5. When is a palimony agreement illegal?
1. What is “palimony”?
People use the term “palimony” in two different but related senses in Nevada. Palimony can mean:
- The right to property acquired during the romantic relationship, and/or
- The right to financial support from a former romantic partner.
But in both cases, it applies to rights an unmarried couple agrees to in case they break up.
2. How are palimony rights created in Nevada?
Unmarried couples create palimony rights with a cohabitation agreement. Cohabitation agreements are sometimes called “living together” agreements.
A cohabitation agreement is similar to a Nevada prenuptial agreement. But a couple can enter into a cohabitation agreement either before or after they move in together.
3. Does an agreement for palimony need to be in writing?
An agreement setting forth an unmarried couple’s property rights is often in writing. But it does not have to be.
A couple can also create palimony rights verbally or by their conduct.1
The partner suing for palimony has the burden of proving that an agreement exists. He or she must also prove the specific terms of the agreement.
4. What rights can couples create under a palimony agreement?
Unmarried couples have the right to decide how they will own property.
If they want they can own property “as though” it were community property.2 This is sometimes called “quasi-community property” or community property “by analogy.”
Under this approach, they agree that if they break up, they will share the property equally.
Couples can also agree that one partner will continue to provide financial support similar to alimony (“palimony”) to the other after a break-up.
They can also agree to many other rights available to couples through a Nevada marriage or domestic partnership, including:
- Child custody and child visitation rights,
- Disposition of a house or other property after a breakup, and
- The right to medical decisions for a partner.
5. When is a palimony agreement illegal?
A palimony agreement is illegal in Nevada if it constitutes payment for sexual services only. To be valid, the couple must be a legitimate romantic couple.
Need help with palimony in Las Vegas? Call us…
If you are involved in a property or support dispute with a former partner, we invite you to contact us.
We offer free consultations so that you can discuss your palimony case with an experienced Las Vegas family lawyer.
We can also help you and your partner negotiate a cohabitation agreement in order to protect your rights.
Call us to discuss your situation with a lawyer.
Your consultation is free and completely confidential.
See our related article on joint petitions to divorce in Nevada.