Once the court had determined that an implied contract relating to the property rights of unmarried cohabitants was enforceable, it considered, in a separate proceeding, whether there was a valid contract in that particular case. The court, once again in an appellate decision, concluded that Lee Marvin had not in fact agreed to support Michelle or share his property with her, and thus she was not entitled to "palimony."

Although it may appear that tough guy Lee Marvin got off free as a bird in this case, his freedom came at a significant cost-over five years of litigation and significant expenditures of time, money, and emotional energy. If the court had found an oral agreement, the result would have been even costlier for Mr. Marvin, although arguably fairer to his cohabitant.

There is a lesson to be learned from this story. Perhaps the best way to avoid the type of situation faced by the Marvins is to enter into a cohabitation agreement before moving in together. The agreement can set forth the expectations of the parties in a legally enforceable manner, so that one partner does not end up saddled with an unanticipated financial burden or, conversely, a partner who is promised future support can enforce that expectation. An experienced attorney can help you draft an enforceable cohabitation agreement that best protects your rights and interests, and can advise you on property and money management issues so that you preserve your rights.