When couples divorce in California, spousal support often becomes a crucial part of the settlement. However, life changes after divorce can significantly affect these arrangements. One such change is cohabitation when the supported spouse begins living with a new partner.
The cohabitation clause
California law recognizes that cohabitation can alter the financial needs of a supported spouse. Family Code Section 4323 specifically addresses this issue, stating that there is a rebuttable presumption of decreased need for spousal support when the supported party cohabits with a nonmarital partner.
This presumption means that if the paying spouse can prove their ex-partner is cohabiting, the court will assume the supported spouse needs less financial aid. However, it’s important to note that this presumption can be challenged and disproven by the supported spouse.
Factors considered by California courts
When evaluating how cohabitation affects spousal support, California courts consider several factors:
- Financial contribution: Does the new partner contribute to household expenses? This could include rent, utilities or groceries.
- Length of cohabitation: A longer period of cohabitation may suggest a more stable arrangement, potentially reducing the need for support.
- Nature of the relationship: Courts may examine whether the relationship resembles a marriage in terms of shared responsibilities and mutual support.
- Change in living standard: If cohabitation has significantly improved the supported spouse’s living standard, it could justify a reduction in support.
Whether you’re the paying or receiving spouse, it’s essential to be aware of how cohabitation can affect your spousal support arrangement. If you’re receiving support and considering moving in with a new partner, understand that this decision could impact your financial situation. On the other hand, if you’re paying support and believe your ex-spouse is cohabiting, you may have grounds to request a modification of the support order.
In either case, consulting with an experienced family law attorney is crucial. They can help you navigate the complex legal landscape surrounding spousal support and cohabitation in California, ensuring your rights and interests are protected throughout the process.
