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Conference quark::human_relations-v1

Title:What's all this fuss about 'sax and violins'?
Notice:Archived V1 - Current conference is QUARK::HUMAN_RELATIONS
Moderator:ELESYS::JASNIEWSKI
Created:Fri May 09 1986
Last Modified:Wed Jun 26 1996
Last Successful Update:Fri Jun 06 1997
Number of topics:1327
Total number of notes:28298

527.0. "Palimony" by FDCV03::ROSS () Tue Jun 21 1988 14:33

This Note has also been posted in Soapbox, Mennotes  and Womannotes.
    
Reading the sports section in the Boston Globe this morning (the
suit being brought against Boston Red Sox player Wade Boggs) led me to 
thinking about palimony in general.

What is the ostensible justification for palimony, especially when
both parties are able (albeit, not necessarily willing) to work? 

Is it a form of legalized (and well-rewarded) "prostitution" in the
broader sense of the word: "to sell (one's talents) to an unworthy
cause"?

Is palimony claimed on the basis of sex having taken place? That is, if
two people have been non-sexual companions, would there be grounds for one
of them bringing a palimony suit against the other?

Is there an unwritten minimum age of the people involved, for the concept 
of palimony to be presumed? Could one partner of a teen-age couple bring
a palimony suit against the other?

  Alan
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527.1long historyTLE::RANDALLI feel a novel coming onTue Jun 21 1988 16:3015
    The general rule seems to be that one person has to have
    significantly more money than the other partner.
    
    My understanding of the Boggs case is that she is claiming he
    reneged on an oral contract to help support her for the times she
    wasn't working and could have been.  
    
    This is somewhat different from the usual palimony case, in which
    the partner with less money is claiming that the relationship was
    de facto enough of a marriage to entitle him or her to the same
    property rights a spouse would have had.  In a very real sense,
    it's only an extension of existing laws and traditions about
    common-law marriage. 
    
    --bonnie    
527.2Oh No, Not Lawyers Again :-)FDCV03::ROSSTue Jun 21 1988 16:4520
    RE: .1
    
    Bonnie, in the Boggs case, $6 million is a lot of work that she
    (Margo Adams) had to forgo. It's safe to assume she doesn't work
    for DEC. :-)
    
    "Legal" marriage is clearly defined. A couple enters into a 
    formal "contract". And to dissolve that contract through divorce,
    alimony (a whole issue unto itself) may be awarded, and/or the marital 
    assets must be divided per some very arcane formulae. 
    
    True, in many (most ) states, common law marriages are recognized,
    but only after a significant period of time - perhaps, after 4 to 7
    years of cohabitating.
    
    However, I'm not sure that there is any clearly-defined period of
    time that qualifies a person to receive palimony. (Shit, if it's
    more than three weeks, I could be in a *lot* of trouble). :-)
    
      Alan
527.3I shoulda gone to law schoolTLE::RANDALLI feel a novel coming onTue Jun 21 1988 18:2319
    re: .2
    
    Well, whether she's entitled to any money (the oral contract part)
    and how much money she's entitled to (the $6 million part) are
    separate legal issues.  She probably figured the amount the same
    way DEC does budgeting:  Guess how much money's available, double
    it, and add zeros until it looks good. :) 
    
    Your explanation of marriage and common-law marriage is right; you
    may notice that there are large categories of interpersonal
    relationships that aren't covered by any of those existing rules
    or traditions.  This is the ground 'palimony' is trying to define. 
    
    On the whole the issues of palimony don't interest me a whole lot,
    except as a study in how far the law lags behind social custom.
    What I really want to know is, why hasn't Mrs. Boggs filed for
    divorce yet?  Or did she and I missed it? 
    
    --bonnie