PALIMONY AND POSTNUPTIAL AGREEMENTS: WHAT ARE THEY?
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Yes, you could risk your income or assets by living together without marrying.

Palimony is a spousal support substitute (like alimony) for people who are not married. Palimony claims are difficult to prove, but that doesn't stop some people from trying.

Remember actor Lee Marvin? You can read about his living together situation in this case summary. And then you can imagine what he probably paid in attorneys fees to defend these claims. But that's only half the story: Michelle Triola Marvin also had an attorney who needed to be paid, too. Taken in this perspective, a premarital agreement or cohabitation agreement is a cost-effective way to handle this type of situation.

Also, if you have an oral or written contract about how you will own property, share income, assets, debts and so forth, it's sometimes possible to make a claim that although you were never married that contract law applies, and that property should be divided even if it's only in one person's name, or even if only one person paid the bills. There are also real estate partition laws that can dictate how property is divided, and in some cases the court can even force an involuntary sale at auction.

If you are going to live together without getting married, you'll want a cohabitation agreement. The mediators at Peace Talks feel it's better to decide who contributes to and owns property before you buy things rather than afterwards. The mediators as Peace Talks can help you mediate and draft a cohabitation agreement.

Post-nuptial Agreements are very similar to Premarital Agreements, except they are drafted and signed after you are married. They can cover the same terms and issues as a Premarital Agreement.

They are more difficult to enforce, however, because of the duties that one spouse owes to another. The disclosure requirements are more strict. Most importantly, it's against public policy to encourage divorces, and the (unstated) implication in a post-martial Agreement of "sign this or we're getting divorced" makes it difficult to prove that a post-marital agreement was executed voluntarily.

At Peace Talks Mediation Services, our mediators also negotiate post-nuptial and post-marital agreements, and will make sure that you have thought about all of the options before you sign your Agreement.