When couples in Florida separate, the financial fallout can look very different depending on whether they were married. Divorce settlements follow a defined legal structure, while unmarried partners face a more uncertain path when dividing assets or seeking support.
This article will walk you through the key differences between divorce settlements and palimony, which refers to financial support one partner may seek after a non-marital breakup. While divorce is guided by Florida’s family law statutes, palimony is not directly recognized under Florida law, which makes these cases more complicated.
We’ll cover what palimony is, how it’s treated in Florida, and why it shouldn’t be confused with spousal support or alimony from a divorce. If you’re trying to understand your rights after a breakup—whether you were married or not—this guide will help clarify the options and limits under Florida law.
What Is Palimony?
Palimony is a term used to describe financial support that one partner seeks from another after the end of a long-term, non-marital relationship. It’s not a legal term in Florida statutes, but it comes up in cases where one partner believes they’re entitled to compensation based on promises made during the relationship.
Unlike alimony, which is available only after a legal marriage ends, palimony is more of a contract issue than a family law matter. That makes these cases harder to win in Florida, and outcomes vary depending on the facts.
Florida Does Not Officially Recognize Palimony
Florida is one of the states that does not recognize palimony in the same way that some others do, like California. There’s no statute in Florida that provides for financial support between unmarried partners after a breakup.
In fact, under Florida Statutes § 741.23, cohabitation between a man and woman without being married was once considered a criminal offense, though this law has since been repealed. Still, this historical context helps explain why Florida courts have been slow to support palimony claims.
Exceptions Based on Contracts
Even though palimony isn’t officially recognized, there are exceptions. If the couple had a written or implied agreement—such as sharing property, financial responsibilities, or offering support in exchange for services—Florida courts may enforce that contract under civil law.
For example:
- A written agreement to share assets or provide support
- A partner who gave up a career to support the other’s business
- A history of financial promises that created a reliance
These cases usually fall under contract law rather than family law, and the burden of proof is high.
Divorce Settlements Are Governed by Clear Laws
When a married couple divorces in Florida, the legal process is more defined. The state follows an equitable distribution model under Florida Statutes § 61.075, which means marital property is divided fairly, but not always equally.
Divorce settlements in Florida can include:
- Alimony (spousal support), based on need and ability to pay
- Division of assets and debts
- Parenting plans and child support if children are involved
These rights are only triggered if there is a legal marriage. None of these statutory protections apply without a marriage license, regardless of how long the couple lived together.
Key Differences Between Palimony and Divorce Settlements
Here’s a breakdown of the major differences:
| Factor | Palimony (Unmarried) | Divorce Settlement (Married) |
| Legal Recognition | Not recognized in Florida | Fully recognized under state law |
| Financial Support | Based on contract law (if any) | Alimony under § 61.08 |
| Property Division | Only jointly owned property | Equitable distribution of all marital assets |
| Court Process | Civil court, contract dispute | Family court, governed by statute |
| Burden of Proof | On the claimant to show agreement | Court presumes marital rights |
Can Unmarried Partners Protect Themselves?
Yes, but it takes proactive planning. Unmarried couples in Florida who live together should consider drafting a cohabitation agreement. This document can outline how finances, property, and support will be handled in the event of a breakup.
A valid cohabitation agreement can cover:
- Division of jointly owned property
- Financial responsibilities during the relationship
- Any promises of support or compensation
This is the best way to avoid legal battles later, especially since palimony claims without a contract are unlikely to succeed.
Final Thoughts
If you’re ending a relationship in Florida, it matters whether you were married. Divorce comes with legal protections and a structured process, while palimony relies heavily on contracts and is not guaranteed. Understanding these differences can help you make informed decisions—especially when emotions and finances are intertwined.
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