When a couple divorces in California, the higher-earning spouse may be obligated to pay spousal support to their lower-earning ex to maintain the marital standard of living. Perhaps alimony has been ordered for a limited amount of time as in a short-term marriage, or with no set end date, as in a long-term marriage where the supported party has little prospect of becoming fully self-supporting. Often, the payor is left wondering if they’ll still be stuck having to pay alimony when their ex has clearly moved on to a new romantic relationship.
In fact, it may not be necessary for an ex-spouse to actually remarry to trigger an end to spousal support. Cohabitation can be enough for the court to re-examine the recipient spouse’s need for financial support and to possibly modify or terminate the existing order. However, it is necessary to show not only that the cohabitation arrangement exists, but also that it reduces the supported party’s financial need. Understanding the law and what’s required can increase the odds of making a successful case for lowering or ending support.
- Remarriage vs. Cohabitation in California
- Seeking a Spousal Support Reduction Due to Cohabitation
- Proving Cohabitation
Spousal Support Is A Complex Issue
Remarriage vs. Cohabitation in California
Under California law, the effect of remarriage on spousal support is clear. California Family Code § 4337 states, “Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.” Unless the supporting party has past-due amounts of spousal support outstanding when their ex remarries, they no longer have to pay.
What happens when the supported party is not remarried, though—only living with their new partner? A divorced person may hesitate to rush into a new marriage in part because doing so will end their right to collect any spousal support, but still benefit from sharing income and expenses by cohabiting. In such cases, the supporting party is not automatically permitted to stop making spousal support payments, but they do have the opportunity to request a modification or termination of support.
Seeking a Spousal Support Reduction Due to Cohabitation
In California, someone wishing to change the terms of a spousal support order can petition the court to do so, but they need to show that the financial circumstances of the situation have changed enough to make an adjustment appropriate. Cohabitation can represent a significant enough change to allow for modification or termination of spousal support.
Family Code § 4323 notes: “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.” That means that the court will presume that a supported ex-spouse who is cohabiting has reduced need, and typically cohabitation does end spousal support. However, unlike remarriage, cohabitation doesn’t necessarily automatically end (or even reduce) alimony. The supported party has the opportunity to present evidence that they still need the full amount of current support despite their new living arrangements.
Proving Cohabitation
Cohabitation, for purposes of modifying spousal support, doesn’t refer to an ex having a non-romantic roommate, or spending the odd night or weekend over at their new partner’s place. Instead, it’s when two people live together in an intimate relationship without being married (either an opposite-sex or same-sex relationship). If the recipient spouse is not willing to agree to change the order based on their new living arrangement, then it will be necessary first to prove to the court that they are cohabiting.
Factors a court will consider include the nature of the relationship (is it romantic? are they publicly perceived as a couple?), shared residence (do they live in the same primary residence?), the length of time living together (have they lived together a significant amount of time?), and shared finances (do they pay bills or own property together?). It is not necessary to show that the cohabiting partner directly pays the ex’s expenses. Showing that their expenses are reduced by the arrangement may be enough to demonstrate a reduced need for support.
Unfortunately, if the supported spouse doesn’t want to admit to cohabiting, it will be necessary to present evidence to the court to prove it. This can include:
- Photographs or social media posts to show the nature of the relationship
- Documentary evidence like joint bank accounts, shared bills, joint property titles, or joint rental agreements to demonstrate shared living arrangements and financial interdependence
- Witness statements about the relationship and length of cohabitation
How this evidence is gathered is of the utmost importance. The rules of evidence may limit what you can present to the court, so it is highly advisable to consult an experienced family law attorney as soon as possible. They will be able to provide guidance on what evidence is admissible, be able to subpoena records and testimony to support your case, and effectively advocate for appropriately modifying support.
Expert Family Law Advice on Spousal Support in Northern California
Whether you’re paying spousal support and believe that an ex’s living situation merits a new look at what’s appropriate or you’re receiving support and your ex is insisting alimony should be terminated due to cohabitation, the family law team at Hoover Krepelka can answer your questions. Our experience with spousal support issues helps us protect your rights and advocate for fair outcomes. To schedule a consultation, fill out the form below.
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