Key takeaways:
- Alimony (spousal support) is ordered under state divorce statutes and is available only to married spouses (including, in states that recognize it, common law spouses).
- Palimony is a popular term, not a statute. It describes claims between unmarried partners, usually based on an express or implied agreement, or on equitable remedies.
- The leading case is Marvin v. Marvin (Cal. 1976), which allowed unmarried partners to enforce agreements, except to the extent based on sexual services.
- States differ sharply. New Jersey, Minnesota and Texas require certain cohabitation support agreements to be in writing; Illinois generally refuses claims arising from the relationship itself.
- A written cohabitation agreement is the most reliable protection if you live together without marrying.
Last reviewed: October 22, 2026. This article is general information about US law, not legal advice. Laws change and every situation is different, so talk to a licensed attorney in your state about your own case.
Alimony and palimony sound alike, and both involve one partner paying the other after a breakup. Legally, they are very different. Alimony comes from marriage and divorce law, so a court has clear authority to order it. Palimony is a nickname for claims between unmarried partners, and whether you can bring one at all depends heavily on your state and on what the two of you agreed.
Contents
- What alimony is
- What palimony is
- Side-by-side comparison
- How states treat palimony claims
- Protecting yourself if you are not married
- FAQ
What alimony is
Alimony, also called spousal support or maintenance, is a payment from one spouse to the other ordered in a divorce or legal separation, or agreed in a settlement the court approves. Every state’s divorce law allows it, but the types, factors and duration rules vary.
Most states weigh factors such as the length of the marriage, each spouse’s income and earning capacity, age and health, contributions to the household and the standard of living during the marriage. Some states use formulas or guidelines; others, such as Tennessee, leave the amount to the judge’s discretion. Our guide to the Tennessee alimony factors shows how one discretionary state works.
Because alimony is part of a court judgment, it can be enforced with the court’s usual tools, and many orders can be modified when circumstances change substantially. Under federal tax law, alimony paid under a divorce or separation agreement signed after 2018 is not deductible for the payer and not taxable income for the recipient.
What palimony is
“Palimony” became widely known through press coverage of the Marvin case. It is not a legal category in most statutes. A palimony claim is usually a civil claim between former unmarried partners, based on:
- An express contract, written or (where allowed) oral, such as a promise of support or a share of property;
- An implied contract inferred from how the couple actually lived and handled money; or
- Equitable remedies such as quantum meruit (payment for the reasonable value of services) or a constructive or resulting trust over property.
The Marvin case. In Marvin v. Marvin, 18 Cal. 3d 660 (1976), the California Supreme Court held that courts should enforce express contracts between nonmarital partners except to the extent the contract is explicitly founded on sexual services. Without an express contract, courts may look at the parties’ conduct to find an implied agreement and may use quantum meruit or equitable trusts. On remand, the trial court found no contract, and its $104,000 award for “rehabilitation” was deleted on appeal in 1981. The case still shapes palimony law today.
Unlike a divorce court, a court hearing a palimony claim has no general power to award support just because one partner needs it. You have to prove the agreement or the facts supporting an equitable remedy, which often means reconstructing years of conversations, texts, emails and financial records.
Side-by-side comparison
| Alimony | Palimony | |
|---|---|---|
| Who can claim | Spouses (including common law spouses where recognized) | Unmarried partners, where state law allows |
| Legal basis | State divorce statutes | Contract law and equitable remedies |
| What you must prove | Statutory factors such as need and ability to pay | An agreement (express or implied) or facts justifying an equitable remedy |
| Writing required? | No; the court can order it without an agreement | In some states, yes (for example New Jersey, Minnesota and Texas) |
| Available in every state? | Yes, under each state’s rules | No; recognition varies widely |
| Modification | Often modifiable, depending on the state and type | Depends on the agreement’s terms |
| Federal tax (post-2018 agreements) | Not deductible, not taxable | Not alimony under the tax code; treatment depends on the facts |
How states treat palimony claims
These examples show how widely the rules differ. They are not a complete list, so check your own state’s law.
- California: follows Marvin. Express and implied agreements can be enforced, along with equitable remedies.
- New Jersey: since a 2010 amendment to the statute of frauds (N.J.S.A. 25:1-5(h)), a promise of support between unmarried partners must be in writing. The statute also required that both partners have independent legal advice, but in Moynihan v. Lynch, 250 N.J. 60 (2022), the New Jersey Supreme Court struck down that attorney-review requirement. The writing and signature requirement remains.
- Minnesota: under Minn. Stat. § 513.075, when sexual relations are contemplated, a contract between cohabitants about property and financial relations is enforceable only if it is written and signed by both, and enforcement is sought after the relationship ends.
- Texas: the statute of frauds (Tex. Bus. & Com. Code § 26.01(b)(3)) requires an agreement “made on consideration of nonmarital conjugal cohabitation” to be in writing and signed.
- Illinois: in Blumenthal v. Brewer, 2016 IL 118781, the Illinois Supreme Court reaffirmed Hewitt v. Hewitt (1979) and held that claims by unmarried cohabitants arising from the relationship conflict with the state’s public policy, leaving any change to the legislature.
Common law marriage changes the analysis. A minority of states still let couples form a common law marriage, typically by agreeing to be married, living together and holding themselves out as spouses. If a valid common law marriage exists, the breakup is a divorce, and alimony rules apply instead of palimony. Many other states recognize a common law marriage validly formed in a state that allows it. The rules and start dates vary, so check your state.
Separate from support, unmarried partners can still bring ordinary property claims in most states, for example to divide a house titled in both names through a partition action.
Protecting yourself if you are not married
- Put it in writing. A signed cohabitation agreement can cover who owns what, how shared expenses are handled, and whether either partner will receive support if you split. In New Jersey, Minnesota and Texas, a writing is required for certain agreements to be enforceable at all.
- Keep title and accounts clear. Record who paid for what, and title major assets in a way that matches your intentions.
- Update estate documents and beneficiaries. Unmarried partners generally do not inherit from each other without a will or beneficiary designation.
- Revisit the agreement when something major changes, such as a child, a move to another state or one partner leaving work.
An attorney in your state can advise you on what an agreement must contain to be enforceable there.
FAQ
What is the difference between palimony and alimony?
Alimony is spousal support ordered under state divorce law and is available only to married spouses. Palimony is a popular term for claims between unmarried partners, usually based on an express or implied agreement or on equitable remedies, and not every state allows them.
Which states recognize palimony?
California has recognized such claims since Marvin v. Marvin in 1976. Several states, including New Jersey, Minnesota and Texas, enforce certain agreements between cohabitants only if they are in writing, and Illinois generally rejects claims arising from the relationship itself. Rules vary, so check your state.
Do I need a written agreement for palimony?
In some states, yes. New Jersey, Minnesota and Texas require certain support or cohabitation agreements to be written and signed. In California, oral and implied agreements can be enforced, but they are much harder to prove.
Are palimony payments taxable?
Palimony is not alimony under the federal tax code because the partners were never married. How a payment is treated depends on what it is for, so ask a tax professional about your situation.
Sources: Marvin v. Marvin, 18 Cal. 3d 660 (1976); Marvin v. Marvin (Cal. Ct. App. 1981); Moynihan v. Lynch, 250 N.J. 60 (2022); Minn. Stat. § 513.075; Tex. Bus. & Com. Code § 26.01; Blumenthal v. Brewer, 2016 IL 118781; IRS Topic 452.
