Learn What Impact Cohabitation Has on Alimony in California Divorces
An Ex Spouse Who Receives Alimony and Begins Cohabiting with a New Partner May Be Providing the Factual Basis for the Payor Ex Spouse to Obtain a Court Order to Modify the Amount of Alimony.
What You Need to Know:
Navigating the complexities of alimony in California Family Law Courtcan be challenging, especially when new relationships enter the picture. In California Courts alimony is called spousal support. For more information on how the California Courts calculate spousal support read this article.
If a spouse or ex-spouse is receiving spousal support and begin cohabiting with a new partner, California law, specifically Family Code § 4323, addresses how this may impact the support payments.
Family Code § 4323 and Cohabitation: Understanding the Basics
Family Code § 4323 establishes a rebuttable presumption that your need for spousal support decreases if you are cohabiting with a nonmarital partner. This means the court will assume your financial needs are lower unless you can demonstrate otherwise.
- Overcoming the Presumption: To overcome this presumption, you must show the court that your need for support has not decreased despite cohabitation.
- Potential for Modification or Termination: If the presumption is not rebutted, and the court finds a change in circumstances, your spousal support may be modified or even terminated.
- What Constitutes Cohabitation: Cohabitation under this law does not require you to hold yourself out as married to your new partner.
- Income of New Partner Not Considered: It’s crucial to understand that the income of your supporting spouse’s new partner is not to be considered when determining or modifying spousal support.
Appellate Case Law: Adding Clarity to Cohabitation and Spousal Support
Several California appellate cases have provided further insight into the application of Family Code § 4323:
- In re Marriage of Schroeder (1987): This case clarified that the court will look at whether the supported spouse is suppressing a meaningful financial contribution from their cohabitant to create the appearance of a continuing need for spousal support.
- In re Marriage of Leib: This case established that a cohabiting spouse cannot provide valuable services to their partner without financial compensation if it results in an artificial appearance of continued need for spousal support.
- In re Marriage of Cosby: In this case, a reduction in spousal support to zero was upheld based on evidence that the supported ex-wife was cohabiting and sharing the cost of rent and utilities with her new partner.
Conclusion: The Impact of Cohabitation on Spousal Support
Cohabitation with a new partner can significantly impact spousal support. While your new partner’s income is not directly considered, the court will examine how the cohabitation affects your financial needs and whether any valuable services are being exchanged to maintain a higher need for support artificially. The rebuttable presumption of decreased need means you must be prepared to demonstrate your continued need for support.
Seeking Experienced Legal Counsel
Navigating spousal support issues, especially those involving cohabitation, requires a thorough understanding of California law and relevant case precedents. Galen Gentry, the attorney in charge of our firm, has a top rating from Martindale Hubble for excellent work and high ethics, demonstrating his commitment to providing exceptional legal representation.
If you are facing questions about spousal support and cohabitation, don’t hesitate to seek professional legal guidance.
Contact our firm today for a free consultation to discuss your specific situation and learn how we can help you navigate these complex legal matters. Call 310 282 7521, or use the orange contact form to the right of this article to schedule your free call.