Palimony

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Palimony is a slang term coined by attorney Marvin Mitchelson in 1977 when his client Michelle Triola (who called herself Michelle Triola Marvin at the time) filed an unsuccessful suit against actor Lee Marvin. The term is a portmanteau of pal and alimony. Mitchelson, who often handled celebrity divorces, created the term as a media soundbite to publicize the Marvin case. See Marvin v. Marvin, 18 Cal. 3d 660 (1976).^[1]

1 Marvin v. Marvin
2 Legal definitions
3 Later cases
4 Palimony in popular culture
5 Further reading
6 References

[edit] Marvin v. Marvin

Michelle Marvin claimed that Lee Marvin, who was still married at the time they began living together, had promised to support her for the rest of her life. In the end, in Marvin v. Marvin, the California Supreme Court ruled that Michelle Marvin had not proven the existence of a contract between herself and Mr. Marvin that gave her an interest in his property. Thus, the common law rule applied to the situation without alteration, and she took away from the relationship and the household what she brought to it.

The Court went on to explain that, while the state abolished common law marriage in 1896, California law does recognize non-marital relationship contracts. These contracts may be express or implied, oral or written - but they must be provable in any case. The contract may also provide for a sexual relationship, so long as it is not a contract for sexual services. Eventually, the California Court of Appeal ruled that since Triola and Lee Marvin never had any contract, she was entitled to no money..^[2]

[edit] Legal definitions

Despite the quasi-divorce proceeding suggested by the word, "palimony" is not a legal term and has never been used by the California Supreme Court. The legal term, at least in California, is "non-marital relationship contract." Because the relationship is non-marital, the family court has no jurisdiction over it. Disputes about contract terms, and civil suits to enforce them, are heard in the general trial courts (in California, called "superior court").

Non-marital relationship contracts (or "palimony agreements," to use the slang) are not limited to two people, and because they are non-marital any party to a non-marital relationship contract can also be party to a marriage.

In addition to those who form an express, written contract to ensure the property interests they have contracted in each other are enforceable, some people draft an express, written contract that specifies they have not contracted for any interest in the other party's(-ies') property.

[edit] Later cases

In 1982, famous pianist Liberace was sued for US$113,000,000 in palimony by his partner Scott Thorson (though Liberace denied being gay). Most of Thorson's claim was dismissed, but he did receive a settlement of US$95,000.
Following Rock Hudson's 1985 death from AIDS, his partner, Marc Christian, filed a palimony lawsuit against his estate and won.
Judy Nelson filed a palimony suit against women's tennis star Martina Navratilova after their breakup in 1991.
In 1996, Van Cliburn was sued by his former assistant, Thomas Zaremba, for a share of his wealth following a 17-year relationship during which Zaremba helped maintain Cliburn's household. Dismissed for lack of written agreement. Zaremba also accused Cliburn in the suit of subjecting him to the fear of AIDS through Cliburn's alleged unprotected liaisons with third parties. The emotional distress claim was also dismissed. [1] [2]
Brian Orser, a gay Canadian figure skater, was sued by a former lover in 1998, outing the star in the process.
In 2004, comedian Bill Maher was sued for 9 million dollars by his ex-girlfriend, Nancy Johnson a.k.a. "Coco Johnsen," for palimony. On May 2, 2005, a superior court judge dismissed the lawsuit.

[edit] Palimony in popular culture

The character of Albert Goldman (Nathan Lane) in the 1996 film The Birdcage asks for a palimony agreement from his partner, Armand Goldman (Robin Williams).

Palimony was used as a form of revenge by the character Chelsea Turner (Bridgette Wilson) against her character's boyfriend Seth Winnick (French Stewart) in the 1999 film Love Stinks.