How Cohabitation Affects Alimony in California
Spousal support, commonly known as alimony, is meant to provide financial assistance to a former spouse after a divorce. If you start living with a new partner, your ex-spouse may seek to reduce or terminate alimony. In California, cohabitation can impact spousal support, but it does not automatically end payments.
Does Alimony Automatically End If I Move in with Someone New?
No, alimony does not automatically end when you start living with a new partner. However, under California Family Code § 4323, there is a legal presumption that cohabitation reduces the financial need for spousal support. The burden then shifts to the recipient to prove that the new living arrangement does not reduce their financial need.
What Does the Court Consider When Reviewing Cohabitation?
If your ex-spouse requests a modification or termination of alimony based on cohabitation, the court will look at several factors, including:
- Whether you and your new partner share household expenses
- Whether you are in a romantic relationship or just roommates
- The financial contributions of each person in the household
- Any written agreements about spousal support from the divorce settlement
If the court determines that your financial situation has improved due to cohabitation, it may reduce or terminate your alimony payments.
Proving or Disputing Cohabitation in Court
If your former spouse claims you are cohabiting to avoid paying alimony, they must provide evidence such as:
- Shared bills, leases, or mortgage statements
- Social media posts indicating a shared household
- Witness testimony confirming the cohabitation
As the recipient, you have the right to challenge these claims by showing that you still have a financial need and that your living situation does not change your reliance on alimony.
Does Cohabitation Affect Different Types of Alimony?
There are different types of spousal support in California, and cohabitation may affect them differently:
- Temporary alimony (awarded during the divorce process) is less likely to be affected by cohabitation.
- Long-term or permanent alimony is more likely to be reduced or terminated if cohabitation reduces the financial need of the recipient.
Can I Avoid Losing Alimony If I Move in With Someone?
If you are considering living with a new partner but rely on alimony, you may want to:
- Keep financial matters separate, including rent, utilities, and expenses.
- Have a written agreement with your new partner clarifying financial responsibilities.
- Be prepared to prove that you still have a financial need if your ex-spouse challenges your alimony.
Get Legal Advice on Alimony and Cohabitation
If you are receiving or paying spousal support and believe cohabitation may impact your situation, it is important to seek legal guidance. At Irwin & Irwin, our experienced family law attorneys can help you understand your rights and options regarding alimony modifications. Contact us today to discuss your case.
