Life and Affairs of Eliot Spitzer
Eliot Spitzer, the fallen-from-grace former Governor, New York State Attorney General, failed television spokesman, and serial philanderer has made it into the news again. The other good news is he may avoid palimony.
This time, he is being investigated for an altercation (political-speak for roughing up a prostitute) in a $1000 a night hotel in New York.
Spitzer has long had a problem of keeping it in his briefs — inside lawyer joke — and it has cost him dearly.
Observers say that Lis Smith, a former Spitzer spokesman, may be considering a palimony lawsuit.
Between Spitzer’s divorce settlement, a potential palimony lawsuit and now being investigated by the NYPD for an alleged assault, Spitzer may make the trip from statehouse to poorhouse to big house.
What is Palimony
The division of financial resources and real property when a personal live-in relationship ends is called palimony. While not a legal, or historical, term, “palimony is a smashing up of the concepts pal and alimony. Palimony was invented by star divorce lawyer Marvin Mitchelson back in 1977 when his patron filed a lawsuit against actor Lee Marvin.
The lawsuit was unsuccessful, but the courts found that lacking an express agreement, courts may look to other remedies when dividing property evenly. There is no accurate count as to how many states are currently forbidding palimony, but it is widely recommended by legal offices across the country that before committing to an unmarried, but romantic, living relation, the couple should get a legal cohabitation agreement before unpacking the boxes in the new home.
Palimony Law in New York
Palimony is a media phrase and not a legal concept. There are no specific court rules or statutes providing direction to how a written complaint should appear. However, the complaint should have, as a minimum, this information:
- Enough facts to show the plaintiff and defendant have been living together for a reasonable time
- A description of the promise made to support the plaintiff
- An explanation of how the promise was broken
- A request for financial, or monetary, support
In New York, palimony suits take years to settle and are difficult to prove. The length of the relationship, the co-mingling of funds and the couple’s lifestyle are all factors to be considered. Individuals living together without being married are given no special protection beyond what is afforded by traditional concepts of contract law.
The “bottom line” — New York doesn’t have “palimony” per se. However, there might be certain issues that can be resolved in the plaintiff’s favor. As normal, be sure to contact an attorney to get fully informed about palimony and how it may affect you.