What is often a key issue in palimony cases?

In palimony cases, a fundamental issue often revolves around the existence or absence of a marital relationship. Palimony refers to the financial support that one partner may seek from another following the end of a non-marital, cohabiting relationship. Unlike spousal support, which follows legal marriage, palimony claims hinge on whether a relationship qualifies for such support outside of formal marriage.

The absence of a marital relationship is critical because it establishes the framework for the claim itself. Without a recognized marriage, traditional divorce laws do not apply, and courts must evaluate the specifics of the relationship, including the intentions of the parties, any agreements made, and the nature of their cohabitation. This often involves assessing whether there was an implied or express agreement regarding financial support akin to spousal obligations.

The validity of a marriage certificate and interstate custody issues are not relevant in the context of palimony, as these pertain specifically to legally recognized marriages. While business income may be relevant in determining financial obligations, it does not address the core issue of whether the parties had a marital-type relationship that would warrant palimony.