Cohabitation and Spousal Support

Cohabitation and Spousal Support

Cohabitation and Spousal Support/Photo by Karolina Grabowska from Pexels

If my ex is living with someone, do I still need to pay alimony?

That depends.

What is the law on cohabitation and alimony?

California 4323.  It states,

(a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1.

(2) Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.

(b) The income of a supporting spouse’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support.

(c) Nothing in this section precludes later modification or termination of spousal support on proof of change of circumstances.

It’s NOT automatic UNLESS it’s in an Agreement

Sometimes, you can negotiate alimony.  If you put it in WRITING that alimony ends when cohabitation begins, sure.  Otherwise, you will need to prove it.

If YOU are the one cohabitating, you can refute this by proving it is a ROOMMATE relationship and there isn’t a reduced need for support.

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