Legal Question in Family Law in Florida

palimony/ breach of contract can I sue?

I have lived with a man for 11 years as man and wife, most people believe we are married. We have a joint bank account and have both contributed to it as well as joint bills and assets, most of which are in his name.When we started living together he assured me I would always be taken care of financially even if something happened to him as he is 18 years my senior. I was 40 when we started living together I am now 51 past being able to find someone new. He is married to someone else and he claimed to be separated when we met and said he was getting a divorce. He did not live at his wife's residence.He did spend a few nights there every couple of years & he has still not gotten divorced, he claims that he would lose everything because his wife lives in Ca. However he has recently bought a tractor/trailer (or taken a loan out on one)which we are supposed to be making a business of together since we have driven as a team previously. But, I have just discovered that once again, he took the loan out in his and his wife's name, so once again, I will be doing half the work but not ending up with the security.I feel totally unprotected and wonder if I have any legal recourse or can sue for palimony or breach of contract? Please help Me!


Asked on 5/02/04, 10:51 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: palimony/ breach of contract can I sue?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

Florida does not recognize palimony. Many years ago, you might have been considered married under Florida's common law marriage statutes but they were abolished more than 20 years ago - before you began living together.

I do not believe that there is any relief or protection you can seek but would strongly suggest you consult with a family law attorney who can review the specifics of your situation and give you firm legal advice.

Scott R. Jay, Esq., 305-249-8000

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Answered on 5/03/04, 12:08 am


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