In California, cohabitation can affect spousal support obligations. If a former spouse receiving spousal support (also known as alimony) enters into a cohabiting relationship with a new partner, it can impact their spousal support arrangement.
What is Cohabitation?
In California, cohabitation is defined as living with a romantic partner in a committed relationship as if married. This can include sharing a residence, financial resources, and other aspects of life typically associated with a marital relationship.
How Cohabitation Affects Spousal Support
If a former spouse receiving spousal support begins to cohabit with a new partner, the supporting spouse may be able to seek a reduction or termination of spousal support. This is because the paying spouse is no longer solely responsible for the supported spouse’s financial needs. The supporting spouse may argue that the cohabiting partner is contributing to the supported spouse’s financial needs and that continued spousal support is no longer necessary or justified.
Factors Considered by the Court
The court considers various factors in determining whether spousal support should be modified or terminated due to cohabitation. These factors may include the length of the cohabitation, the extent of the financial support provided by the new partner, the impact on the supported spouse’s financial situation, and the overall financial situation of both parties.
Conclusion
In California, cohabitation can affect spousal support obligations. If a former spouse receiving spousal support begins to cohabit with a new partner, the supporting spouse may seek a modification or termination of spousal support. However, the court considers various factors in determining whether such a modification or termination is appropriate. If you are going through a divorce or have questions about spousal support, it is important to work with an experienced family law attorney who can provide guidance and representation throughout the legal process.
