What Is a Palimony Lawsuit in Nevada?
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The term palimony is commonly used to refer to the right to financial support or community property after the end of a relationship of an unmarried couple. Palimony is not a term recognized in Nevada laws or case decisions, but it is a term that has common use. Former couples without a marriage or domestic partnership generally only have rights if they enter into a legal agreement, either expressly or by implication. A palimony lawsuit would be based on the terms of the agreement relating to support or property rights following the end of the relationship.
Cohabitation Agreements in Nevada
The State of Nevada does not recognize common-law marriage or palimony rights, but an unmarried couple who does not wish to marry or enter into a domestic partnership may take steps to protect their rights and interests by creating a cohabitation agreement. This type of agreement may be an enforceable contract, as long as there are no illegal or unenforceable terms.
A cohabitation agreement may be verbal or in writing. However, the party claiming rights under a cohabitation agreement must prove the existence and terms of the agreement to the court, which is often difficult without a written, signed agreement. If you are in an unmarried relationship that is not a domestic partnership, it is advisable to talk with a family law attorney about how you can protect your rights and interests in the event the relationship ends.
A couple may enter into a cohabitation agreement at any time before or after they move in together. The agreement may include a broad range of subjects and concerns that the parties wish to address. In most cases, a cohabitation agreement addresses property ownership and division (similar to community property rights in a marriage or domestic partnership), financial support for a partner following the end of the relationship (similar to alimony in a divorce), and matters relating to children (similar to issues relating to children in a divorce). A cohabitation agreement may also include any other legal matters that the couple wishes to address, such as rights available in a Nevada marriage or domestic partnership.
Some subjects may not legally be addressed in a cohabitation agreement, which is one of the primary reasons that working with an experienced family law attorney is extremely important when you consider creating a cohabitation agreement.
Enforcing a Cohabitation Agreement
An individual wishing to enforce a cohabitation agreement may file a civil action in Nevada court. The person who files the action has the burden of proving the terms, that the agreement exists and was entered into willingly, and that all the terms are legally enforceable. If the agreement is not in writing, the existence and terms can be demonstrated through evidence presented to the court. If the agreement is in writing, the written document must be provided to the court.
A civil action to prove the existence and terms of an unwritten, unsigned agreement can present considerable challenges. Help from an experienced family law attorney is essential before you decide how to proceed. If you and the other partner lived in a different state before moving to Nevada, there also may be issues that apply based on the laws of the other state(s) where you lived.
Palimony issues sometimes arise after a break up when an unmarried couple had disparate earnings and responsibilities in the relationship. Clarifying the respective rights after the relationship ends, by entering into a written cohabitation agreement before it ends, is the best approach to protecting rights and interests when a couple does not wish to marry or enter into a domestic partnership. With a few exceptions, a cohabitation agreement may address the full range of legal concerns of the couple, including spousal support, child support and visitation, ownership and disposition of shared property, and other rights commonly gained through marriage or domestic partnership.
Summary: Interests and Rights of Unmarried Couples in Nevada
The State of Nevada does not recognize the term palimony, nor does it recognize common law marriage rights. Generally, there are three ways for a Nevada couple may have legal rights and protections:
- Marriage under Nevada state law
- Domestic partnership as provided in state law
- A valid, enforceable cohabitation agreement
Nevada law provides specific legal rights and protections to a couple who marries or enters a domestic partnership in the state. A cohabitation agreement is a contract between the partners that specifies their rights and protections in the relationship, including what happens if it ends. A legal and valid cohabitation agreement can be enforced in court. This type of action is what may be referred to as a palimony lawsuit. However, “palimony” is not a legally used term in Nevada.
Schedule a Free Consultation With a Las Vegas Family Law Attorney
If you have questions about the rights of unmarried couples in Nevada, you may schedule a free initial consultation at The Gersten Law Firm to discuss your concerns. Please call 702.857.8777 or complete our online form to schedule an appointment talk with us about any family law concerns.
