While divorce law provides for property division, the term “palimony” was coined in the 1970's to describe a financial settlement made upon the break-up of an unmarried, cohabiting couple (i.e., one that lives together and engages in a sexual relationship outside of marriage). In developing...

This article considers a common scenario in which a surviving spouse challenges a prenuptial agreement that granted each spouse a life estate at the other's death, and whether the resulting settlement payment by the estate can qualify for the marital deduction when structured as a statutory...