What Is Palimony? Unmarried Couples' Rights to Financial Support

What is palimony in Colorado? Learn why unmarried couples can't file for palimony and what cohabitation agreements can do to protect you instead.

17 min read
Family Law

What Is Palimony, and Can You Actually Get It in Colorado?

You've been together for seven years. You share a home, a dog, maybe even a business. One person supported the other through grad school. The other renovated the house you both live in. Your lives are completely intertwined—financially, emotionally, practically.

Then you break up.

If you were married, the law has a clear process for dividing assets and determining support. But you're not married. So what happens to all those years of building a life together? Who gets what? Does anyone owe anyone financial support going forward?

The Palimony Question

This is where the concept of "palimony" comes up. The term itself is a mashup of "pal" and "alimony"—support payments between unmarried partners after a breakup, similar to alimony after divorce. It sounds reasonable enough. You built a life together. One person made sacrifices. Shouldn't there be some financial protection when things end?

The idea emerged from a famous 1970s California case where actor Lee Marvin's longtime partner sued for support after their relationship ended. The court recognized that unmarried couples could have enforceable agreements about financial support. The media dubbed it "palimony," and the concept entered the cultural lexicon.

Here's What You Need to Know About Colorado

Before you start thinking about filing a palimony claim in Colorado, here's the reality: Colorado courts don't grant palimony. Unlike divorce cases where judges can order spousal support based on the length of the marriage and other factors, there's no equivalent legal framework for unmarried couples. The court won't step in and create support obligations between unmarried partners just because you lived together or one person made financial sacrifices.

The only way you're getting support from an ex-partner in Colorado is if you both agreed to it—preferably in writing, through something called a cohabitation agreement. Without that agreement, you're largely on your own when the relationship ends.

Where Palimony Came From (And What It Actually Means)

The term "palimony" was born in 1976 when Michelle Triola Marvin sued actor Lee Marvin after their six-year relationship ended. They'd never married, but Michelle claimed Lee had promised to support her financially if she gave up her career to be his companion. The California Supreme Court's ruling in Marvin v. Marvin was groundbreaking: unmarried couples could have enforceable agreements about property and support, even if those agreements were implied rather than written down.

The media loved it. "Palimony" became shorthand for any financial claim between unmarried partners after a breakup. But here's what the case actually established: this wasn't about creating a new category of family law. The court was simply saying that contracts between unmarried partners—like any other contracts—could be enforced.

How Palimony Differs From Alimony

When married couples divorce, family law comes into play. Courts can order alimony (also called spousal maintenance) based on factors like:

  • Length of the marriage

  • Each spouse's income and earning capacity

  • Contributions to the marriage (including as a homemaker)

  • Standard of living during the marriage

  • Age and health of both parties

Judges have the power to create support obligations even if the couple never discussed or agreed to them. The law steps in to balance the financial scales after divorce.

Palimony works differently. It's not family law—it's contract law. There's no judge discretion to create fairness. There's no formula based on years together or income disparity.

The Contract Law Reality

If you want financial support from an unmarried partner after a breakup, you need an agreement—ideally in writing, before the relationship ends. Courts will enforce contracts between unmarried partners just like they'd enforce any other contract, but they won't create those obligations out of thin air. You can't walk into court and ask a judge to order your ex to support you simply because you lived together or made sacrifices during the relationship. That's just not how it works.

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What Colorado Law Actually Says About Palimony

Colorado courts will not grant palimony claims. Full stop.

You might have lived together for a decade. You might have supported your partner through medical school while working two jobs. You might have given up a promising career to raise kids or help build their business. None of that matters to a Colorado judge when it comes to ordering financial support between unmarried partners. The court simply doesn't have the authority to create support obligations that you didn't create yourselves.

This isn't the court being cold or unfair—it's just how the law works. When you get divorced in Colorado, you're unwinding a legal status (marriage) that comes with a whole framework of rights and obligations. The state has an interest in how marriages end, so judges can step in and make decisions about support and property division. When an unmarried relationship ends, there's no legal status to unwind. You're just two people who lived together, and the court treats you that way.

When Support Between Unmarried Partners IS Enforceable

The only exception is if you have an agreement. If you and your partner made a contract—written or, in some cases, oral—that one of you would provide financial support to the other, a Colorado court can enforce that contract. This is where cohabitation agreements come in. Think of it as a prenup for people who aren't getting married. You're creating the terms of your financial relationship while you're still on good terms, so there's something enforceable if things fall apart later.

But here's the catch: the agreement has to actually exist. The court won't infer an agreement from your behavior or circumstances. "We had an understanding" won't cut it. You need an actual contract, and you need to be able to prove it exists.

How to Actually Protect Yourself: Cohabitation Agreements

If you want financial protection as an unmarried couple in Colorado, you need a cohabitation agreement. This is your tool. It's a contract between you and your partner that spells out what happens financially during your relationship and if you break up. Think of it as creating your own version of the legal framework that married couples get automatically.

These agreements aren't particularly romantic to discuss, but they're practical. You're essentially saying, "We're building a life together, but we're not getting married, so let's be clear about the financial terms." It's the grown-up conversation that can save you thousands of dollars and countless headaches later.

What a Cohabitation Agreement Can Cover

A well-drafted cohabitation agreement can address pretty much any financial arrangement you want to make. Common provisions include:

  • How you'll split expenses while living together (rent, utilities, groceries, home improvements)

  • Who owns what property, including things you buy together

  • How you'll handle joint bank accounts or shared assets

  • Whether one partner will provide financial support to the other during the relationship

  • What happens to shared property if you break up

  • Whether anyone will pay support to the other person after the relationship ends

  • How you'll divide debts

  • What happens to a home you buy together

The Requirements for Enforceability

For a cohabitation agreement to hold up in court, it has to be an actual contract. That means all the basic elements of contract law apply: offer, acceptance, consideration (something of value exchanged by both parties), and mutual agreement. You can't force an agreement on someone. You can't include illegal terms. And both parties need to enter into it voluntarily with a clear understanding of what they're agreeing to.

The agreement also can't be based solely on sexual services—Colorado law won't enforce contracts where someone promises financial support in exchange for a romantic or sexual relationship. The agreement has to be about your lives together, your shared finances, and your plans for the future.

What You Can Include

Here are some real-world examples of what couples put in cohabitation agreements:

  • "If we break up, Partner A will pay Partner B $2,000 per month for two years to help with living expenses"

  • "The house at 123 Main Street belongs to Partner A, even though we both live there and Partner B contributes to the mortgage"

  • "All income earned during our relationship remains separate property, but we'll split the cost of household expenses 50/50"

  • "If Partner B gives up their job to care for our children, Partner A will contribute $X to Partner B's retirement account each year"

  • "We'll maintain a joint checking account for household expenses, but all other accounts remain separate"

Why Writing It Down Matters

Yes, Colorado recognizes oral contracts in some situations. But trying to prove the existence and terms of an oral cohabitation agreement after a breakup is a nightmare. Memories differ. People interpret conversations differently. What felt like a clear agreement when you were in love becomes disputed and murky when you're fighting in court.

Getting it in writing isn't just about legal protection—it's about making sure you both actually understand and agree to the same thing. The process of writing it down forces you to be specific. How much support? For how long? Under what conditions? These conversations are uncomfortable, but they're far less uncomfortable than litigation.

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What Happens When You Break Up Without an Agreement

Without a cohabitation agreement, here's what you're facing when an unmarried relationship ends in Colorado:

  • No support payments. You won't get court-ordered financial support from your ex-partner, no matter how long you were together or what sacrifices you made. There's no palimony claim to file.

  • Property goes to whoever legally owns it. If the house is in your partner's name, it's their house. If the car title has your name on it, it's your car. Legal ownership controls, not who paid for it or who used it.

  • Each person keeps their separate assets. Your bank accounts, retirement funds, investments—if they're in your name alone, they're yours. Same goes for your partner's accounts.

  • Joint assets get divided based on contribution or ownership. If you bought something together and both names are on the title, you'll need to figure out how to split it. The court can help divide jointly-owned property, but the analysis is based on who contributed what, not on fairness or need.

  • Debts follow the person who incurred them. If your partner racked up credit card debt, that's their problem unless you co-signed or it was a joint account.

Why This Gets Expensive Fast

The problem isn't just that you walk away with less than you think you deserve. The problem is that without clear agreements, everything becomes a fight. Who paid for the kitchen renovation? What was a gift versus a loan? Did you both intend to own the furniture together, or was one person just letting the other use it?

These disputes end up in court, where you're paying lawyers to argue about who owns the couch and whether your ex owes you for half the mortgage payments. The legal fees can quickly exceed the value of what you're fighting over. And because there's no framework for dividing assets between unmarried partners—no presumption of equal division like in divorce—these cases can drag on forever while lawyers sift through bank statements and text messages trying to prove who contributed what to the relationship.

Common Misconceptions About Unmarried Couples' Rights

People operate under a lot of assumptions about what rights they have as unmarried partners. Most of these assumptions are wrong. Here are the big ones:

  • "We're common law married, so I'm protected." Colorado does recognize common law marriage, but it's not automatic just because you lived together. You both have to agree that you're married, hold yourselves out to the world as married (using the same last name, filing joint taxes, calling each other husband and wife), and actually live together. Living together for years while calling each other boyfriend and girlfriend doesn't create a common law marriage.

  • "We lived together for seven years, so I have rights." There's no magic number of years that triggers legal protections. You could live together for 20 years and have zero right to support when you break up. Time doesn't create entitlement under Colorado law.

  • "I gave up my career to support the relationship, so my ex owes me." This is probably the most painful misconception because it feels deeply unfair. Maybe you put your partner through medical school. Maybe you quit your job to raise kids. Maybe you turned down promotions to follow your partner's career. None of that creates a legal obligation for support without an agreement. The court understands it's unfair, but fairness isn't the standard when there's no marriage and no contract.

  • "We have kids together, so I'll get support." You will get child support if you have custody of the children—Colorado law protects kids regardless of whether their parents were married. But child support is for the children, not for you. Your ex won't owe you personal financial support just because you co-parent together. Palimony and child support are completely separate issues.

Questions About Your Rights as an Unmarried Couple?

If you're in an unmarried relationship and wondering about your financial rights—or if you're already facing a breakup and trying to figure out what you're entitled to—talking to a family law attorney can clarify where you actually stand. The Reputation Law Group helps Colorado clients understand their options, whether that's drafting a cohabitation agreement while things are good or untangling finances after a relationship ends. We can assess your specific situation and give you straight answers about what's possible under Colorado law.

What You CAN Do to Protect Yourself

The good news is that you're not powerless here. Colorado gives unmarried couples a lot of freedom to structure their financial relationships however they want. You just have to be proactive about it. Here's what actually works:

  • Draft a cohabitation agreement before moving in together—or as soon as possible if you're already living together. This is your best protection. Sit down with your partner and decide how you want to handle finances during your relationship and what happens if you break up. Get it in writing. Have a lawyer review it. Yes, it's awkward. Do it anyway.

  • Keep your finances organized and separate where appropriate. Maintain clear records of what's yours, what's theirs, and what's jointly owned. If you're contributing to a mortgage on a house that's only in your partner's name, document those payments. If you're splitting expenses 60/40 because of income differences, keep track of who's paying what.

  • Document major financial contributions. If you're putting money into home renovations, starting a business together, or making other big financial moves, create a paper trail. Emails, texts, receipts, written agreements about who's contributing what—all of this matters if things go south.

  • Understand common law marriage requirements if that's your goal. If you actually want to be married (with all the legal protections that come with it), know that you can create a common law marriage in Colorado. But you have to both agree you're married and present yourselves that way to the world. Don't accidentally stumble into a common law marriage when you didn't want one, and don't assume you have one when you don't.

  • Think carefully about property ownership structures. When you're buying a house, a car, or other major assets together, decide upfront how ownership will work. Both names on the title? One person owns it legally while the other contributes? Tenants in common versus joint tenancy? These decisions have real consequences when you break up.

The Reality of Planning Ahead

Look, nobody wants to plan for a breakup when they're in love. Having a conversation about palimony or cohabitation agreements feels like you're expecting the relationship to fail. But here's the thing: half of relationships do fail, and the ones that survive aren't harmed by having clear financial agreements. If anything, removing the ambiguity and anxiety about money makes relationships stronger. You're not planning to break up—you're planning to handle your finances like adults, which is what you should be doing anyway.

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When to Talk to a Lawyer

You don't need a lawyer for every aspect of your relationship, but there are specific moments when legal advice can save you a lot of money and heartache down the road:

  • Before you move in together. This is the ideal time to draft a cohabitation agreement. You're excited about the relationship, you're on good terms, and you can have rational conversations about money. A lawyer can help you create an agreement that's fair and enforceable.

  • Before making major financial decisions. Buying a house together? Starting a business? One person quitting their job to support the other's career? These are the moments when you need clear agreements about who owns what and who's responsible for what. Get legal advice before you sign anything or make irreversible financial moves.

  • If you're already in a long-term relationship without any protection. Maybe you've been together for years and never thought about this stuff. It's not too late. A lawyer can help you create a cohabitation agreement now, while you're still together and can negotiate in good faith.

  • When you're separating and need to untangle your finances. If the relationship is ending and you have shared property, shared debts, or disputes about who contributed what, a lawyer can help you figure out your options. Even though palimony isn't available in Colorado, there may be other legal claims you can make depending on your situation.

  • If you think you might have an enforceable agreement. Maybe you and your partner had conversations about financial support. Maybe there were emails or texts where promises were made. A lawyer can evaluate whether you have a contract that could actually hold up in court, or whether you're chasing something that doesn't exist under Colorado law.

Get Clear Answers About Your Situation

The Reputation Law Group works with unmarried couples throughout Colorado to create cohabitation agreements, untangle complicated breakups, and provide honest assessments of what legal options exist. Whether you're planning ahead or dealing with a relationship that's already ended, we can help you understand where you stand and what steps make sense for your specific circumstances. Schedule a consultation to discuss your situation and get straightforward legal guidance.

What Is Palimony in Colorado? The Reality You Need to Know

Colorado law gives unmarried couples something valuable: the freedom to structure your financial relationships however you want. You're not locked into the default rules that come with marriage. You can decide for yourselves who owns what, who pays for what, and what happens if things don't work out. That's real autonomy.

But that freedom comes with a catch. The state isn't going to step in and create fairness for you after the fact. There's no safety net, no judge who can order your ex to support you just because it seems like the right thing to do. If you want financial protection as an unmarried couple, you have to create it yourselves while you're still on good terms.

The Uncomfortable Truth About Planning

Cohabitation agreements aren't romantic. Sitting down with your partner to discuss what happens if you break up feels pessimistic, maybe even insulting. "Don't you trust me?" "Why are you already planning for us to fail?" These conversations are uncomfortable because they force you to acknowledge that relationships end, even when you don't want them to.

But here's what's less romantic: fighting about who owns the furniture while paying lawyers $300 an hour. Discovering that the house you helped renovate for five years legally belongs entirely to your ex. Realizing you gave up your career to support someone who now owes you nothing. Palimony doesn't exist in Colorado, so these nightmares are entirely avoidable if you plan ahead.

Have the Conversation Now

The choice is simple: have an uncomfortable conversation now, or have an expensive, drawn-out legal battle later. Draft a cohabitation agreement. Keep your finances organized. Document your contributions. Understand what you're entitled to—and what you're not.

You can't control whether your relationship will last forever. But you can control whether you're financially protected if it doesn't. That's not cynicism. That's just being smart about how the world actually works.

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