The Effect of Cohabitation on Alimony in California
If you live with your nonmarital partner, alimony decrease or end. Here’s how cohabitation can affect spousal support in California.
Under California Family Code 4323(a)(1), spousal support may be decreased if the need for financial support has been diminished due to the supported party’s cohabitation. A person paying support (PPS) can request to modify or terminate a spousal support order if their ex is cohabiting with their non-marital partner.
When Can Cohabitation Affect Spousal Support in California?
In order for spousal support to be modified, the court must find that there has been a change in either the supporting or supported party’s financial situation. This means that just because your ex has moved in with someone else does not necessarily mean that spousal support can end, or, contrarily, that you will lose alimony if you move in with your nonmarital partner.
Spousal support can only be affected as a result of cohabitation if cohabitation has affected the supported party’s need for financial support. If the supported party’s need for financial support has been diminished by cohabitation, a court may decrease or terminate alimony.
Burden of Proof in Spousal Support and Cohabitation Cases
The burden of proof lies with the supported party. This means that in order for alimony not to be decreased or terminated after a request to modify, the supported party must prove that their financial situation has not changed as a result of moving in which their nonmarital partner.
However, California courts typically do not like to modify a spousal support order once it has been set. There must really be a significant change in the supported party’s financial circumstances in order for alimony to be decreased or terminated.
Related: How to End Spousal Support in California
FAQs About How Cohabitation Affects Spousal Support in California
Does cohabitation affect spousal support in California?
Yes, a supported party’s cohabitation can affect their spousal support rights in California. If a court finds that the supported party’s need for financial support has diminished due to cohabitation, a judge may decrease or terminate alimony.
Can I get alimony if I live with my boyfriend in California?
Yes, you can still get alimony if you live with your non-marital partner. However, if the person paying support requests to modify spousal support due to your cohabitation, you must prove that your need for financial support has not diminished by moving in with your boyfriend.
Free Consultation With a California Spousal Support Attorney
If you are asking how cohabitation will affect your spousal support rights in California and need legal help, contact us. We’ll get you in touch with an attorney that can answer any questions you may have and help protect your rights. Get your free consolation with one of our spousal support attorneys in California today!