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Family Law: Is Palimony Recognized in Massachusetts?
A palimony claim is a claim for alimony like support that arises out a relationship in which two parties have been living together or cohabitating without being married. However, in Massachusetts, as in most other states, there is no protected or established legal right to palimony.
Even the most famous palimony case, Marvin vs. Marvin, rejected the claim that cohabitation without the benefit of a formal marriage entitled either party to the same protections as cohabitation within a marriage. Since that case was decided, neither the courts nor the legislature have moved to provide legal support for such claims through case law or statute.
Therefore, individuals who live together without being married are afforded no special protection beyond that afforded by traditional concepts of contract law, constructive trust law, and the like.
Further, Massachusetts does not recognize common-law marriages. A common-law marriage would be one where, if the parties have lived together for a specified period of time, they would be recognized as being legally married even though no marriage had taken place.
The information provided here is given as a general outline on the legal topic selected and should not be construed as legal advice which can only be given by an attorney. If you need an attorney and do not know of one in your area, you can contact the Massachusetts Bar Association's Lawyer Referral Service at (617) 654-0400 in Boston or 1-800-392-6164 from outside the city. For TDD service for the deaf you can call (617) 338-2625.
Masslawhelp is a public service of the Massachusetts Bar Association.Posted on Apr 27, 2000 |
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